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(영문) 인천지방법원 2017.10.20 2015고합292
특정경제범죄가중처벌등에관한법률위반(사기)
Text

A defendant shall be punished by imprisonment for three years.

Reasons

Punishment of the crime

While the Defendant was in charge of the enforcement, construction, and sale of apartment units in Gyeonggi-si jointly with D, the Defendant borrowed money from the victim G through F under the pretext that the victim would use the money for the completion cost of the above apartment unit, and offered to use the money by dividing the money into the Defendant, D, F’s debt repayment to the third party, living expenses, etc.

The Defendant, along with D and F, at the H law office located in Seoul, not more than Gangnam-gu Seoul, around July 11, 2013, may complete the construction of GG E apartment within a maximum of three months if the Defendant lent KRW 600 million to the victim.

The borrowed money will be repaid with interest of KRW 120,000 after two months.

The 20 houses, such as the above apartment 105 houses, are provided as security and borrowed money is used only for the completion cost such as water supply and drainage of the above apartment houses and the installation of gas facilities.

The phrase “ makes a false statement.”

However, the Defendant, D, and F had difficulty in repaying the construction cost and interest at the time, and the money borrowed from the injured party was thought to be used by dividing them into the above debt repayment, personal living expenses, etc. The above apartment house is different from the owner of the building and the owner of the land, and it was a situation in which it was impossible to pay the above money to the injured party upon completion of the above apartment within three months as agreed to the injured party by the complicated debt relationship.

Nevertheless, the Defendant, D, and F, as seen above, was accused of the victim, and they were transferred KRW 300 million around the above date to the corporate bank account in the name of the corporation I as a result of the loan of completion expenses from the victim, and KRW 300 million around the 18th day of the same month.

Accordingly, the defendant, in collusion with D and F, acquired a total of 60 million won from the damaged person.

Summary of Evidence

1. Partial statement of the defendant;

1. Entry of the defendant in part in the first trial record;

1. Statement made in D in the 11-time trial records;

1. Each protocol of examination of witness G, J, K and L;

1. A loan contract for full consumption of gold and a copy of the passbook (I.S. Corporation passbook);

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