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(영문) 청주지방법원 2019.05.30 2018고단1327
사기
Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On October 17, 2013, the Defendant was sentenced to one year of imprisonment for fraud at the Cheongju District Court and two years of suspended execution, which became final and conclusive on March 8, 2014.

1. Around December 27, 2011, the Defendant concluded that, at the office of real estate real estate agents C located in Cheongju-si B, Cheongju-si, the Defendant borrowed KRW 50 million to the victim D, and the Defendant borrowed the amount of money necessary for the Corporation from the office of real estate real estate agents C, which is located in Cheongju-si, Cheongju-si, E, and borrowed KRW 50,000,000 necessary for the Corporation. The Defendant would pay the money after the month when he/she reaches the fair rate.

However, even though the Defendant had been performing construction as the actual owner of the instant officetel, the Defendant was only liable for 2.5 billion won without any particular property or income, and thus was willing to use the money borrowed from the victim to repay other debts. Even if the said newly-built officetel was offered as a security by a financial institution, etc., there was no intent or ability to repay the money borrowed from the victim within the time limit for promising the payment.

Around December 27, 2011, the Defendant, by deceiving the victim as above, received KRW 18 million from the victim, through G account in the name of the Defendant F, and acquired KRW 45 million from the said account on December 30, 201, through the above account on December 30, 201.

2. On February 10, 2012, the Defendant who had the grace period grace period grace period grace period is expected to pay KRW 55 million,00,000,000,000,000 to the victim D at the I Law Firm Office located in Chungcheongnam-gu, Chungcheongnam-gu, Chungcheongnam-gu, Seoul, with interest added up to the amount of KRW 50,000,000,000,000,000,000 per week around December 17, 2012.

It will offer 30 square 1 bonds as security for 30 square lutels under construction.

‘Along with the end of this month', the victim issued a contract for sales in the above officetel J to the victim.

However, in fact, the defendant did not have expected profits after a week, and even if the period of repayment is postponed by the victim, the borrowing is made within the time limit which is promised to the victim for the same reason as the statement in paragraph (1)

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