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(영문) 의정부지방법원 2018.11.09 2018고단2264
사기
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

The defendant became aware of the victim B while engaging in the two money business in the same Dong-dong around 2008.

On December 2015, the Defendant had a debt of KRW 85 million against the victim around December 2015, where the Defendant borrowed money from the victim.

On December 2, 2015, the Defendant purchased from the victim management farm in Spocheon-si, Ma F and G real estate from the victim management farm in Spocheon-si, and tried to operate a swine farm by the victim.

It was originally intended to lease and operate a farm to E, and E is not possible to lease and purchase and operate a farm.

In order to purchase a farm in KRW 150 million, there is a shortage of money to lend KRW 50 million, and thus, to operate a swine farm with a permit for livestock farming business in the name of a son who lends money.

A permit for livestock industry can be loaned to H within 2-3 weeks from the side of the livestock industry.

If a driver's capital is received, he/she immediately returns 50 million won to another person, and he/she will also repay the money that he/she has lent to another person before operating a swine farm, as the child's operation of the farm will go beyond now.

“A false representation was made.”

However, in fact, the Defendant, in operating a swine farm under the name of the Defendant, had a debt of KRW 2 billion, and the farm continued to have no other income, and could not obtain additional loans under the name of the Defendant. In addition, even if the Defendant obtained a livestock farm license from E after purchasing the livestock farm under the name of the Plaintiff and obtained a low interest rate loan for the operation of the farm in H, the said money would have to be used for the operation of the farm, such as farm facility cost and feed value, and thus, there was no intention or ability to repay the money borrowed from the victimized party.

Nevertheless, the Defendant, as above, deceiving the victim and deceiving him/her as such, purchases real estate in the name of E I bank account in the sum of KRW 80 million, including KRW 20 million on December 22, 2015, KRW 30 million on March 23, 2016, KRW 20 million on March 21, 2016, and KRW 10 million on March 31, 2016, and KRW 80 million on March 31, 2016.

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