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(영문) 서울동부지방법원 2018.04.16 2017고단1264
사기
Text

A defendant shall be punished by imprisonment for one year.

The defendant pays to the applicant the amount of KRW 160,000,000,000,000.

Reasons

Punishment of the crime

The Defendant is a person who actually owns forests and fields in two lots, including Geumsan-gun E (hereinafter referred to as “the instant forest”).

On August 8, 2011, the Defendant was decided to commence a voluntary auction of the instant forest by the Daejeon District Court, and the Defendant concluded to the effect that, in order to repay the interest on loans to the creditor, the Jinsan Credit Cooperative, and to withdraw the request for auction of the instant forest, the Defendant would borrow money from the victim D Co., Ltd., and that, on December 7, 2011, at G hotel coffee shop located in Gangnam-gu Seoul Metropolitan Government FF, the Defendant would establish I resort facilities equivalent to “curary forest” which prevail in the instant forest. The Defendant would have to build I resort facilities corresponding to “curine forest” which prevail in the instant forest. However, if the Defendant lent KRW 200,000,000 to the Jinsan Credit Cooperative as the mortgagee of the instant forest, he could not conduct the said business by conducting an auction at the Jinsan Credit Cooperative as the mortgagee of the instant forest, he would conduct the auction and make a contract for the entire construction work of the said resort to D.

However, in fact, the Defendant did not own any specific property in addition to holding the amount equivalent to KRW 163,101,000 at the market price of Jinan-gun, Jin-gun, Chungcheongnam-do, where the attachment of KRW 230,000,000 in total amount of taxes in arrears was registered. On the other hand, until March 2005, the Defendant failed to pay approximately KRW 2,100,000,000 in construction cost until March 2005, the Defendant did not have any financial resources for installing resort facilities for “the instant forest”. As such, even if the Defendant received money from the damaged person as a loan, it did not have any intent or ability to make a contract for the construction of resort facilities to the victim.

Nevertheless, on December 11, 201, the defendant deceivings the above H and caused the above H to pay KRW 200 million with the interest on loans, etc. from the Jinsan Credit Cooperative located in the Jinsan-gun, Chungcheongnam-gun, Chungcheongnam-do on December 11, 201, on behalf of the defendant.

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