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(영문) 수원지방법원 성남지원 2016.01.08 2014고단2102
사기
Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

When the Defendant operates (State)G, the Defendant carried out the construction and sale project under 250 of the “I” apartment units 250 on the 10 parcel, Ha, Hong-gun, Hong-gun, and 10 parcels.

On April 5, 2011, the Defendant introduced K, a director of the D Tax Accounting Corporation, by requesting the J to introduce a person who will lend money if it is necessary to do supervision expenses.

The defendant around April 12, 201, at the victim D's office located in the third floor of the Gangnam-gu Seoul Metropolitan L Building, completed the I apartment construction work conducted by the victim's agent at the "(State)G" and did not obtain approval for the use of supervision fees. If the defendant lends KRW 200,000,000 to the victim's agent, he/she would immediately pay supervision fees and obtain approval for use, and then pay the principal and interest at the rate of 3% per month within 2 months after receiving the loan from the financial right. If the principal and interest are not paid within 2 months, he/she would transfer I apartment house 105, 101, 201, 301, 301 scheduled to sell.

The term “SI” refers to three copies of the sales contract for the above 101, 201, and 301 as security for the borrowed debt.

However, the facts are as follows: ① the Defendant lent KRW 200,000,000 to the Defendant used it as an executive officer’s and/or employee’s interest, loan repayment, site construction cost, etc., or lent it to another person; ② there was a situation in which it was not possible to obtain approval for use as a condition for the loan since the apartment construction was not completed; ② there was no intention or ability to receive a loan within 200,000,000 won from the injured party; ② an I apartment building offered as a security had already been sold at auction; ② the above 101 was a total amount of claim KRW 1,250,000,000, and the above 201 and 301 was set up as a joint collateral security for the total amount of claim KRW 1,60,600,000,000,000, and thus, it was anticipated that the amount of claim would have been set up as a joint collateral.

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