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(영문) 대구지방법원 안동지원 2016.05.17 2015고단691
사기
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

An application for remedy by an applicant for compensation shall be dismissed.

Reasons

Punishment of the crime

On May 21, 2015, the Defendant was sentenced to imprisonment for three years with prison labor for a violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) in the Daegu District Court Support on May 21, 2015, and the judgment became final and conclusive on February 24, 2016.

"2015 Highest 691"

1. The Defendant, from April 2, 2009 to May 22, 2009, committed a crime between the Defendant and around May 22, 2009, at the fourth floor E office of the building D in Ansan-si, Dong-si, dong-si on April 2, 2009, received money from the victim F, and was appointed as a director by accepting the money from the victim F, and was given participation in the implementation of the H apartment construction project at Ansan-dong.

“.....”

However, in fact, since the early 1990s, the Defendant had a duty to guarantee KRW 6-700 million as a bad credit bad, and the property owned was over the amount of the personal debt of KRW 6-700 million, and was registered as the representative director of the construction company and operated the construction company by registering the Defendant’s family or the Defendant with a large amount of money as the representative director of the construction company. Since the Defendant already lent the Defendant’s money exceeding KRW 300 million to the creditors such as I and J already registered the said G director, the Defendant did not have any intent or ability to have the victim take over the director or participate in the execution of the apartment construction project even if the Defendant borrowed money from the injured party.

As above, the Defendant: (a) by deceiving the victim; (b) transferred KRW 5 million from the victim’s seat to the K account in the name of the Defendant’s wife; and (c) received KRW 35 million in total from the L’s account around May 22, 2009 to the transfer of KRW 30 million.

2. On December 20, 2012, the Defendant committed a crime on or around December 20, 2012, at the N office operated by the injured party in Ansan-si on or around December 20, 2012, the Defendant lent the cost of installing the H apartment model housing to the victim F.

As a security for the borrowed amount, the P Co., Ltd. will issue a promissory note with KRW 50 million issued by P Co., Ltd. as a representative director.

“.....”

However, the facts are described above 1.

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