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(영문) 창원지방법원 2014.02.14 2013고단1786
사기
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

Around December 2007, the Defendant agreed to obtain the victim C’s consent by stating to the effect that “If the Defendant purchased four parcels of land, such as D, and obtained permission to construct a factory, and resells it, the Defendant may obtain a large amount of profits from the market price.” The victim, the Defendant, or E bears part of the purchase price of the above land, and the remainder of the purchase price was provided to the bank as collateral and paid as the loan by receiving the loan. The Defendant agreed to take charge of the construction business of a factory and pay interest on the loan from the bank as above, and accordingly, the victim and the Defendant, the E, and the Defendant agreed to have the share of 1/3, respectively.

After that, pursuant to the above agreement, the defendant received money from the victim and the defendant or the defendant, and provided the above real estate as security to the bank and completed the registration of ownership transfer in the joint name of the victim and the above E.

1. On April 26, 2010, the Defendant: (a) around April 26, 2010, concluded that “The Defendant: (b) borrowed money from the victim to another person; (c) there was no money in the process; and (d) used money from the other person; and (d) the Defendant borrowed money from the other person to set up a right to collateral security; (c) the Defendant created a right to collateral security; and (d) caused the third person to set up a right to collateral security.”

However, the Defendant used the amount of KRW 4,871,170 as insurance premium for authorization and permission, KRW 24,00,000 as factory design fee for factory construction, KRW 30,000 as civil engineering design cost, KRW 8,000,00 as the F Village Development Fund, KRW 44,00,00 as interest on loans from bond businessmen, and KRW 110,871,170 as interest on loans from bond businessmen, in relation to the construction permission for factory of the real estate, and thereafter, used the above amount of KRW 22,967,00 as the interest on loans from bond businessmen.

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