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(영문) 전주지방법원 2017.01.11 2015고단1256
사기등
Text

A defendant shall be punished by imprisonment for a term of one year and two months.

10,000,000 won shall be additionally collected from the defendant.

The above additional collection charge.

Reasons

Punishment of the crime

[2015 Highest 1256] The defendant is a person engaged in real estate development business.

On February 1, 2015, the Defendant: (a) received money from the victim E even if he/she received money from the victim E; (b) on February 1, 2015, the Defendant concluded that “D” office with limited liability in the operation of the Defendant located in Yeongsan-gu Seoul Special Metropolitan City, Busan Special Metropolitan City; (c) the Defendant provided the victim with a false statement to the effect that “In spite of the absence of the intent or ability to have the victim obtain a loan from the new union, 15,371 square meters of the former Special Metropolitan City F, etc., the Seoul Special Metropolitan City Mayor and employees are well able to obtain a loan from the victim; and (d) provided the victim with KRW 15,371 square meters of the previous Special Metropolitan City F, etc. to obtain a loan of KRW 3-40 million as collateral; and (e) provided the victim with KRW 100,000,0000,000 from the victim’s “D” office on February 11, 2015.

Accordingly, the defendant, by deceiving the victim as such, received money from the victim under the pretext of school expenses, and received money and valuables for arranging matters belonging to the duties of executive officers and employees of financial companies.

[2016 Highest 1117]

1. On October 30, 2015, the Defendant would pay the victim I, a lessor of the building, with the “D” office located in the real estate development business for the Defendant’s operation of the Hamsan-gu, Seoul Special Metropolitan City, to the end of December, 2015, including interest on the loan of the money in order to cover KRW 40 million with the cost of designing the civil works of the construction works of the site for electric source housing for forests and fields that the lessor of the building decided to purchase.

“The purpose of “ was to make a false statement.”

However, in fact, even if the defendant borrowed money from the damaged party due to the shortage of existing debts and business funds, it was thought that it will be used as a repayment for the existing debts, not as a design cost, and there was no intention or ability of the injured party to repay the borrowed money.

The defendant deceivings him as such and belongs to him.

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