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(영문) 청주지방법원 2014.11.26 2013고단1621
사기등
Text

Defendant

A Imprisonment for one year, and each of the defendants B shall be punished by imprisonment for ten months.

However, this decision is delivered to the Defendants.

Reasons

Punishment of the crime

[2013 Highest 1621] The Defendants were the actual owners of the area of 15,251 square meters prior to the Chungcheongnam-gun, Chungcheongnam-do, Chungcheongnam-do, Chungcheongnam-do, and carried out new construction works of the elderly convalescent hospital.

1. On March 22, 2012, the Defendants, along with the borrowed money related to a construction contract, concluded a contract for the construction of a long-term care hospital of KRW 2,130 million with the victims and H to the effect that “In order to implement a new construction of a long-term care hospital for the aged, the Defendants would terminate the contract with the existing construction company and will undertake the said construction work. If the Defendants borrowed funds necessary to terminate the existing contract from the investors, then they would be paid KRW 3,000,000 in advance payment until April 30, 2012.” The Defendants concluded a contract for the construction of a long-term care hospital of KRW 6,177,100,000 with the victims and the construction cost.”

However, at the time, the Defendants did not have a valid contract for construction with another company in consideration of the intent to borrow money from the victims to use it for personal debt repayment, etc., and did not pay interest on the above I land as collateral without any particular property or revenue, and did not pay the above I land as a result of an application by the creditor Chungcheong Agricultural Cooperatives on March 5, 2012. The Defendants were in receipt of a decision to commence voluntary auction on the above I land on March 5, 2012, and did not have any intent or ability to pay it to the victims, even if they borrowed money from the victims because they did not have been decided to receive an investment, they did not intend to repay it in time or to pay

The Defendants, as such, by deceiving the victim as such, received from the victim a total of KRW 60 million including KRW 29,800,000 on March 22, 2012 and KRW 20,200,00 on March 25, 2012.

2. The defendant A who committed the borrowing charge related to the farmland preservation contributions shall pay the farmland preservation contributions to the Dogsan-Gun Office located in the Seog-ri of the Chungcheongnam-do, Chungcheongnam-do, Chungcheongnam-do, Chungcheongnam-do, and to the victim H in order to implement the long-term care center for older persons" around March 29, 2012;

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