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(영문) 수원지방법원 2020.10.30 2020고합151
특정경제범죄가중처벌등에관한법률위반(사기)
Text

Defendant shall be punished by imprisonment for a term of one year and six months.

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[Criminal Power] On March 28, 2019, the Defendant was sentenced to eight months of imprisonment for fraud at the Suwon District Court, which became final and conclusive on August 24, 2019.

[Basic Facts] The victim (main director C, hereinafter "victim company") B (hereinafter "victim company") is a company jointly established by C, E, and F for the purpose of housing construction and lease business in Jeju-si around February 16, 2016.

The victim company completed the "I", which is a multi-household of 24 households located in H, in Jeju, constructed by the (State)G operated by E, and completed the registration of ownership preservation around September 29, 2017 and proceeds from the sale of the same.

On May 2017, the Defendant: (a) was in the presence of the Defendant, as a re-power to operate an enterprise with the trade name of “J” and to raise a large amount of money, and (b) was in the presence of E, the Defendant stated that “it shall pay money with the loan of KRW 10 billion in the amount of money; (c) however, the security for the money to be leased shall be the high seas; and (d) in the I’s office located in “K at the end of September 2017 at the end of September 2017 at the I’s office, E believed the end to be in fact, provided the Defendant with the unsold 14 households of the said multi-household house as security and borrowed KRW 10 billion from the Defendant to use it as business funds.

[Specific criminal facts] On November 2017, the Defendant stated that “In lieu of lending KRW 10 billion to C and F, 14 households unsold in lots will take up as security group instead of lending 10 billion to C and F. 14 households unsold in lots. As the 14 households will be transferred at once, each household shall be discounted by 10 million won per household, rather than the initial sale price.”

However, from around 2013 to around 10 million won, the Defendant had been in the state of being in arrears and registered as a bad credit holder, and there was no particular property or income, and there was no intention or ability to lend a large amount of funds equivalent to 10 billion won to the victim company.

Nevertheless, it is not possible.

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