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(영문) 대전지방법원 2016.11.11 2016고단1927
사기
Text

Defendant

A shall be punished by imprisonment with prison labor for ten months and by imprisonment for four months.

However, this judgment is delivered to Defendant A.

Reasons

Punishment of the crime

Defendant

A On August 11, 2016, the Daejeon District Court sentenced the two-year imprisonment to be held for fraud, and the judgment was finalized on August 19, 2016.

Defendant

B On February 15, 2013, the Cheongju District Court sentenced eight months of imprisonment for fraud, etc., and completed the enforcement of the sentence on May 1, 2013.

around November 26, 2013, the Defendants made a false statement to the effect that “A will make a sales agency for 181 households and officetels 28 households in the Heung-gu Ho-gun, Hongsung-gun.” Defendant B made a false statement to the effect that “A will make a sales agency for 100 million won to the Si Corporation in order to make a sales agency for 181 households and officetels 28 households in the Heung-gu, Chungcheongnam-gu, Hongsung-gun.” Defendant B made a false statement to the effect that “I will make a payment of KRW 100 million within one month and pay the principal and 50% of the sales profit.” Defendant B made a false statement to the effect that “I will make a sales agency for 10 million won within one month even if it is impossible to do so, I will make a sales agency for Do-gun-gun, and materials are used at the present, and there will be any business to use the materials, and will make a false statement to the effect that I will not sign the principal as a joint surety.”

However, in fact, the H site was suspended due to the lack of funds by the Plaintiff, a implementing company, and there was a need for considerable funds, such as purchase of land, to resume the construction by transferring ownership to the above community credit cooperatives upon the request for auction by the Ansan-gu Saemaul Community Fund, the creditor of the above event. However, the Defendants were unlikely to resume the construction even if they borrowed KRW 100 million from the victim because there was no funds other than KRW 100 million borrowed from the victim. In fact, the Defendants purchased the above KRW 100,000,000,000,000 won.

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