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(영문) 부산지방법원 2014.01.10 2013고합563
특정경제범죄가중처벌등에관한법률위반(사기)
Text

A defendant shall be punished by imprisonment for three years.

Reasons

Punishment of the crime

1. On December 24, 2007, the Defendant made a false statement to the victim H that “A” was newly constructed as a used vehicle trading complex (hereinafter “I”) in the Daegu-gu, as the amount is required, from among G located in the Jung-si on December 24, 2007, the Defendant would add the interest of KRW 1 billion up to KRW 4 billion until December 31, 2008, and repaid the amount of KRW 1.5 billion if the said I completed the sale of the property, the amount of KRW 1.5 billion would be repaid even if he/she sold the property.”

However, at the time, the Defendant, at the time of the establishment of a collective security right equivalent to 7 billion won of the maximum debt amount, owns three joint ventures with only three joint ventures having little value of collateral remaining and difficult to liquidate by disposing of them easily, and without specifying the profit accrued from the management of the joint ventures, there was an urgent need to pay interest of about 10 billion won per month to cover the total personal debt amount of about 10 billion won. The said I New and New Project is under the process of a loan examination of the total project cost of KRW 27.84 billion and the pre-sale plan to cover the total project cost of KRW 27.7 billion, while there was no specific plan for the remaining financing of the project cost, there was no specific plan for the remaining financing of the project cost, and even if the expected profit was insufficient to cover the repayment of the loan, there was no intention or ability to complete the loan.

On December 24, 2007, the defendant acquired money from the victim to the Busan bank account in the name of the defendant's wife from the Busan bank account in the name of the defendant, the amount of KRW 1.8 billion to the Busan bank account in the name of the defendant's child, KRW 900 million to the Busan bank account in the name of the defendant's wife, and KRW 300 million to the Busan bank account in the name of the

2. On February 19, 2008, the Defendant continued to commit fraud on or around February 19, 2008, even if he/she borrowed money from another person, such as Paragraph 1, from the N Co., Ltd. office operated by the Defendant in Busan Dong-gu M, Busan, the Defendant did not have any intent or ability to repay the money.

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