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(영문) 수원지방법원 2017.03.14 2016고단1162
사기
Text

A person shall be punished by imprisonment with prison labor for a crime of six months and a fine of one million won for a crime of two crimes as stated in the judgment of the defendant.

Reasons

Punishment of the crime

On August 22, 2013, the Defendant was sentenced to 8 months of imprisonment for fraud and 2 years of suspended execution at the Suwon Friwon, and the judgment became final and conclusive on August 30, 2013.

1. On October 2010, the Defendant committed the crime of around October 2010, at a restaurant located in the Donam-dong, Gwangju, Gwangju, the Defendant was scheduled to enter the victim C with the victim “The king-si, Gyeonggi-do, which is owned by the Defendant, was immediately developed at the cost of three parcels outside the king-si, Gyeonggi-do, and will be a complex building in the State.

If an auction is being conducted on the above real estate, and a loan of KRW 50 million may be made by paying the money to the creditor for the repayment of the debt, and the auction may be withdrawn.

To do so, E corporation can sell the above real estate in KRW 1.85 billion to E corporation with the development of a large scale of the above real estate. After selling the above real estate to E corporation, one half of them will be paid as a change in the loan amount of KRW 925 million.

“A false statement was made to the effect that it was “.”

However, the fact was that the bank's debts worth KRW 1.2 billion at the time and the personal debts worth KRW 300 million at the time were not bad credit and the plan to sell the above real estate to E Co., Ltd. in connection with the development project of the whole real estate unit. Since the funds required for the withdrawal of the auction are excessive to KRW 20 million, there was no intention or ability to repay KRW 925 million even if they receive money from the injured party.

Accordingly, the Defendant, by deceiving the victim, received money from the victim, from the victim to the new cooperation account under the name of the Defendant on October 18, 2010, and acquired money in total of KRW 50 million on October 19, 201 and KRW 50 million on October 19, 201.

2. On July 2014, the Defendant committed a crime on or around July 2, 2014, with cellular phone of the above victim “it is going against the company now, and this will well be the same.”

Therefore, since there is no company expense, it is difficult to properly proceed with the work, one million won will be repaid 20 days after the loan.

“A false statement was made to the effect that it was “.”

(b).

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