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(영문) 서울동부지방법원 2016.11.18 2014고단1515
사기
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

Reasons

Punishment of the crime

On July 2012, the Defendant, as an actual operator of D, committed a lack of business funds in carrying out the business of building loans at the Congo, with a view to lending money from another construction company to proceed with the said business.

On October 2012, the Defendant stated to the effect that, at the office of the aforementioned company located in Yeongdeungpo-gu Seoul Metropolitan Government E-building 706, the Defendant is promoting the project to build a fake loan of 80 million won or more in the bean Republic of Korea, the Defendant established SPC (a local special purpose corporation for the implementation of the project) with the local capital of at least 50,000,000 won, and when the SPC is established, the right to execute the loan construction may be granted to F. Accordingly, the Defendant loaned money necessary for the implementation of the project.”

On October 6, 2012, the Defendant had I, the representative director of H, 30 million won for the following reasons: “The borrowed-term one month; the nature of the borrowed-term one; the preferential business right for overseas construction (construction and civil engineering); and the deposit of KRW 200 million in a foreign country due to the current credit; the group of “Ambs to be known” and the Convention require two weeks until the completion of the credit and until the execution of the funds. Since the Convention took place on October 22, 2012, the Defendant continued to transmit the e-mail stating the following: “Ambs to be requested to F as a problem of the necessary funds by the time.” On or around the 11st of the same month, D offices provide the above I and K companies’ representative director with the right of priority for the project loans to the victim; and on the same date, D will make and pay the loan to the victim in the form of 310 million in the form of loan and 315 billion in the form of the contract.”

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