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(영문) 울산지방법원 2014.01.17 2013고합262
특정경제범죄가중처벌등에관한법률위반(사기)
Text

A defendant shall be punished by imprisonment for not more than ten months.

Reasons

Punishment of the crime

[Criminal Power] On April 4, 2013, the Defendant was sentenced to two and a half years of imprisonment for fraud at the Ulsan District Court, which became final and conclusive on November 22, 2013.

【Criminal Facts】

On December 2, 2010, the Defendant: (a) at the “E Construction Office” operated by the victim D in Busan Metropolitan Government, the Defendant tried to construct a tourist hotel in Ulsan-gun F, Ulsan-gun; (b) sought a loan to the Defendant as security for the land to be purchased as a hotel site; (c) there is no credit rating in Korea; and (d) obtained a loan as security by purchasing a hotel site in the name of the Party; (b) if the hotel site is purchased in the name of the Party and borrowed as security, the interest is fully paid in full; and (c) if the hotel is completed, all the registration of ownership and the name of the loan of the said hotel site will be transferred to another person.

However, in fact, the Defendant was planning to make a hotel in Ulsan-gun G G G G group in Ulsan-gun, but from around 2005, there was a plan to pay to investors of each of the above businesses about KRW 1.4773 billion under the pretext of running a new house construction project, Ulsan-gu I redevelopment project, Ulsan-gun J-gun, Ulsan-gun, for the above businesses. Even if the Defendant was granted a loan in the name of the victim, the Defendant was merely a plan to pay all of the money as the purchase price of the hotel site or related public charges, and there was no particular capital required for the construction of the hotel, and there was no specific financing plan for this purpose.

The defendant, around December 14, 2010, had the victim transfer registration of ownership in the name of the victim of Ulsan-gun G, K, and L in Ulsan-gun under the name of the victim. On the same day, the defendant provided the above three parcels to the Agricultural Community Community Credit Cooperative of the Agricultural Community as collateral and received loans of KRW 530 million,000,000 from the victim, and received the same amount in cash from the victim and received the property by deceiving the victim.

Summary of Evidence

1. Partial statement of the defendant;

1. The witness D’s legal statement 1.

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