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(영문) 서울동부지방법원 2016.08.30 2016고단404
사기
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

When the Defendant borrowed funds to conduct the development and sale business of fire-fighting table, the real estate worth establishing collateral security has become necessary. On July 11, 201, the Defendant purchased KRW 2 billion in order to use the said land as the site for the development and sale business of fire-prevention door and the sales business to the victim D (51) (51) who became aware of as the introduction by C at the mutual influence cafeteria located in the e-si Eup/Myeon located in the e-si located in the e-si, the F, G, and H land to raise the funds.

A false statement was made to the effect that, in preparation for the development and sale of fire-fighting necks to the expected extent, I would make it possible for I, a stock company, which is operated as a collateral group, to do not suffer damage by exceeding the K sand gathering business rights and sand transport rights agreed upon with J.

However, in fact, the Defendant did not have specific plans or implementation plans for human resources, facilities, and funds for the business of developing and selling the fire-fighting timber door; provided that the Defendant did not have been continuously invested in excess of KRW 480,000,000,000 from others under the pretext of investment, the Defendant was not able to purchase the victim’s real estate for the business of developing and selling the fire-fighting timber door, and there was no acquisition of sand gathering business from J, and there was no acquisition of sand gathering business rights by the Defendant Company I.

K sand transport rights had already been sold to L for a limited period of time, and at the time, sand gathering projects had no real value as a collateral since May 201. Since there was no particular property or financial resources, there was no intention or ability to comply with the said promise even if the land was provided by the injured party as collateral.

The defendant as above.

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