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(영문) 춘천지방법원 강릉지원 2012.01.09 2010고단458
사기등
Text

Defendant

A Imprisonment with prison labor for three years, for one year, for one year, and for six months, for each of the defendants C and D.

(b).

Reasons

Punishment of the crime

On April 5, 2009, the Defendant entered into a contract for 9.6 billion won for the victim K and the construction cost of 9.6 billion won in order to build the building for the medical care center on the land outside and two parcels of Gangseo-si I of Gangseo-si (Defendant A).

On August 3, 2009, the Defendant made a false statement to the effect that “The Defendant would immediately pay the Defendant money borrowed from the start-up system to the victim as it is difficult for the owner to borrow money due to the office operation expenses, etc., and to appropriate it with the construction funds due to the change of the owner of the building.”

However, the Defendant did not have to properly proceed with the new construction project, such as delayed construction due to a considerable shortage of funds, such as land purchase cost, etc., and there was no intention or ability to repay even if the Defendant borrowed money from the victim due to no particular property or profit.

Accordingly, the Defendant, by deceiving the victim and deceiving him from the victim for the purpose of borrowing the amount of KRW 26 million on the same day, and KRW 28 million on August 7, 2009, respectively, acquired the total amount of KRW 28 million.

around September 15, 2009, the Defendant: (a) entered into a contract with the victim H, the representative director of the said company, for the construction cost of KRW 8.580 million at the office of Seocho-gu Seoul, Seocho-gu, Seoul; (b) “If the Defendant borrowed KRW 25 million as the fund for the promotion of the business is required, it would be repaid without the molding from the victim until October 15, 2009; (c) transferred KRW 25 million from the victim to the account in the name of the head of the O; and (d) on the phone of the victim around December 1, 2009, the Defendant transferred KRW 13 million from the victim to the account in the name of the victim without the molding of up to December 15, 2009.”

However, on September 8, 2008, the Defendant borrowed money from P and the above-mentioned medical care costs of KRW 6.6 billion when concluding a contract.

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