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(영문) 창원지방법원 밀양지원 2018.05.31 2016고단193
사기
Text

Defendant shall be punished by imprisonment for a term of one year and six months.

Reasons

Punishment of the crime

[2016 Highest 193] Defendant was operated by the Defendant who was in the Gyeongnam-gun C on May 8, 2015.

D Co., Ltd. entered into a contract for the establishment of victim E and mushroom growing company at the office of the D Co., Ltd., “after the completion of the construction of the mushroom growing company, the Bank will receive the loan from the bank and pay the remainder of the construction cost of KRW 70 million, and pay the construction cost within 15 days after the completion of the construction.”

However, in fact, it is not clear whether to grant additional loans because the right to collateral security was established in an amount equivalent to KRW 1.958 million in total with the maximum amount of the claim amount as collateral for the above company's mushroom growing company and the above company's land was not paid KRW 140 million in construction cost and KRW 46,780,000 in construction cost for G which installed the steel structure of the F which installed the steel structure of the mushroom growing company and KRW 46,780,00 in construction cost for G which installed the steel structure of the mushroom growing company, and even if receiving the loan, there was no intention or ability to pay the construction cost with the victim.

The defendant deceiving the victim as above and caused the victim to bear the construction cost equivalent to KRW 87 million in total, including KRW 60,000,000,000 and KRW 15,000,000,000,000,000,000 for the construction cost of the cargo supply and the purchase cost of the additional materials, and gained profits equivalent to the same amount.

The Defendant stated that “The Defendant: (a) found the victim H’s farm site at around September 20, 2015 that was the representative director of the D Co., Ltd., Ltd., Ltd., located in Gyeongnam-gun, and was found to be the victim’s farm located in Gyeongnam-gun around September 20, 2015; and (b) stated that “The construction was suspended while Ha had been doing the said construction work in the vicinity of Y 7,000,000 won during the completion of the construction, the Defendant would pay the remainder of KRW 13 million for the construction cost at the time of completion of the construction work.”

However, in fact, it is possible to grant additional loans because the mortgage amounting to KRW 1.958 billion in total is set up on the security of a mushroom farming building and land owned by the defendant's management company.

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