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(영문) 인천지방법원 2018.02.01 2017고단4133
사기등
Text

Defendant

A shall be punished by imprisonment for a period of four years and six months.

Defendant

B A person shall be punished by imprisonment for a year and four months.

However, the defendant B.

Reasons

Punishment of the crime

On February 1, 2012, Defendant B was sentenced to imprisonment for a violation of the National Land Planning and Utilization Act, etc. at the Goyang Branch of the Jung-gu District Court on February 1, 2012, and on April 10, 2012, the said judgment became final and conclusive on April 10, 2012. On February 7, 2013, Defendant B was sentenced to 10 months of imprisonment with prison labor for perjury and 2 years of imprisonment with prison labor at the Jung-gu District Court on perjury, and the said judgment became final and conclusive on February 15, 2013.

1. Defendant A

A. On April 13, 2010, the Defendant committed fraud against the victim B (1) at the H Co., Ltd. office operated by the victim B (53 tax) located in Seocho-gu, Seoyang-gu, Seoyang-gu, Seoyang-gu, Seoyang-si, Seoul, with the aim of providing funds from I.

The above funds will be developed by establishing K in J and 41 lots of land owned by the wife of the victim.

A false statement was made to the effect that a loan of KRW 150,000,000 shall be used only for two months, and shall be repaid twice.

However, the defendant did not have any intention or ability to develop the victim's land because he did not receive funds from I, and even if he borrowed money from the victim due to the lack of property owned by the defendant's name, the defendant did not have any intention or ability to repay the money.

On April 13, 2010, the Defendant: (a) by deceiving the victim as above; (b) issued to the victim a check with a face value of KRW 100 million per face value and a check with a face value of KRW 150 million per face value; and (c) issued a check with a total of KRW 150 million per face value.

(2) On April 2012, the Defendant purchased the Incheon Gyeyang-gu L Commercial Building from the publishing complex located in the Sinju-si, Chungcheongnam-si.

A false statement was made to the effect that the Plaintiff would receive a loan as security and fully repay the loan to the Plaintiff, on the face of KRW 35 million at the appraisal cost.

However, in fact, the defendant did not prepare funds to take over the above commercial building, and it did not prepare funds to take over the commercial building.

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