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Reasons
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(영문) 대전지방법원 서산지원 2015.04.15 2014고단730
사기
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A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

On June 7, 2012, the Defendant concluded that, at the construction site of a commercial building owned by the Defendant in Seosan-si, the Defendant, “The victim D’s former E and the representative director of the said company would receive loans from a bank as security and pay the construction cost by leasing the building with a security deposit.”

However, in fact, around May 24, 2012, there was a decision to commence voluntary auction on the site of the above building at the request of the Red Agricultural Cooperative of the mortgagee (the actual claim amount of KRW 350 million). At the time, the Defendant extended a loan of KRW 50 million or more to a financial institution with a loan of KRW 1.1 billion or more to a financial institution as collateral on real property such as family members at the time, and thus, it was difficult to repay the construction cost even if the completed commercial building and land are additionally loaned as collateral.

Nevertheless, as above, the Defendant deceivings E/F and caused the victim to do so from June 10, 2012.

9. Until July 1, 200, by allowing construction work equivalent to the total construction cost of KRW 218,729,300 to be carried out and paying KRW 31,872,50 among them, 186,856,80 of the difference has been acquired as property interest equivalent to KRW 186,80.

Summary of Evidence

1. Partial statement of the defendant;

1. Witness F and E’s legal statement;

1. A construction contract;

1. A written confirmation of settlement;

1. Application of Acts and subordinate statutes to entire registered matters;

1. Relevant Article 347 (1) of the Criminal Act, the choice of criminal punishment, and the choice of imprisonment;

1. Judgment on the defendant's assertion under Article 62 (1) of the Criminal Act

1. The gist of the Defendant’s assertion is that the Defendant provided a completed building as a collateral and received a loan. The remainder of KRW 50,000,000,000,000,000,000,000,000,000,000,000,000,0000,000,000,000,000 won

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