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(영문) 울산지방법원 2013.09.27 2011고단376
사기
Text

Defendant

A Imprisonment with prison labor for one year, and for two years, each of the defendants B.

However, this judgment is delivered against Defendant A.

Reasons

Punishment of the crime

around September 10, 2009, the Defendants entered into a contract with (ju) E to purchase the Gyeongbuk-gun F and G land of KRW 2 billion, which is owned by the said E, and entered into a contract with H on the 16th day of the said month to acquire the I apartment construction project right of KRW 3.3 billion in the said land. Since the said H entered into a contract with the said E to acquire the I apartment construction project right of KRW 3.3 billion in the said land, the Defendants received money under the pretext of giving a subcontract for interior construction, floor construction and stone construction among the said new apartment construction works.

1. On October 9, 2009, the Defendants made a false statement to the victim J that the Defendants would make a false contract for internal construction work equivalent to KRW 700 million of the construction cost during the said new apartment construction work in the victim J at the “L” house located in Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnam-do.

From the victim believed this, the Defendants received KRW 100,000,000 from the victim, the sum of KRW 23,000,000,000 from the Defendant’s bank account in the name of the Defendant No. A around November 13 of the same year, and around December 4 of the same year, the sum of KRW 3,00,000,000 from the new bank bank account in the name of the Defendant No. B.

However, at the time, the defendant was not able to obtain a loan from a financial institution for the above new apartment construction project as long as there was no fund to cover the project cost (the construction cost of KRW 11 billion, KRW 2 billion for the above land, KRW 3.3 billion for the acquisition of the right to undertake the above new apartment construction project, KRW 3.3 billion for the above land, and KRW 2.32 billion for the secured debt of the above land) necessary for the execution of the above new apartment construction project, and as long as the purchase price of the above land, the secured debt, and the acquisition price for the above new apartment construction project is not paid, it was impossible to obtain a loan from a financial institution for the above new apartment construction project. Therefore, even if the defendant borrowed the victim's money, it was impossible to obtain a loan from the financial

Accordingly, the Defendants conspired with the victim.

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