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(영문) 대구지방법원 2014.01.10 2013고단3080
사기
Text

A defendant shall be punished by imprisonment for three years.

Reasons

Criminal facts

【2013 Highest 3080 【Defendant is a real estate business entity, and the victim C is a studio business entity.

The Defendant, around January 26, 2005, borrowed KRW 257,400,000 from the victim to February 16, 2006, and did not have the ability to repay the loan.

On December 20, 2006, the Defendant issued KRW 5,00,000,00 to the victim, stating that “A person who wants to use the real estate in the E-real estate office operated by the Defendant in Daegu-gu, Daegu-gu, that “A person would make an investment in the redevelopment project of an apartment, make profits from the loan of money, and repay the existing debt with the profits.”

However, the facts showed that the Defendant borrowed KRW 150,00,000 from F and urged F to repay its obligation. The redevelopment project in which the Defendant invested was implemented and the Defendant did not have any specific property and income at the time. However, the Defendant did not have any intent or ability to repay the obligation even if he borrowed money from the victim.

As above, the Defendant, as well as 5,00,000 won, by deceiving the victim with a false statement, obtained a total of 197,000,000 won through 13 times, such as attached Table 1.

[2013 Highest 4965] The Defendant, along with G, provided real estate investors with the information that “if an investment is made in the prospective redevelopment area, 200% of the land price may be compensated” and conspired to acquire information cost equivalent to 10-20% of the land price. G is recruited to attract investors, and the Defendant issued a 200% compensation undertaking and registered real estate.

G In May 2005, “information costs and land costs” shall be paid to the victim H at a closed place.

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