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(영문) 춘천지방법원 영월지원 2018.07.12 2017고합47
특정경제범죄가중처벌등에관한법률위반(사기)등
Text

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

Of the facts charged in the instant case, the fraud against B around March 2016 is acquitted.

Reasons

Punishment of the crime

I. On September 15, 2015, Defendant 47 concluded a contract with Victim E Co., Ltd. (hereinafter “E”) to build “D E” (hereinafter “D E”) in Thailand around Thailand around September 15, 2015, and Defendant E, who is the actual operator of the victim E, will pay the full amount of the construction cost by receiving a loan as security for the building and its site after the completion of the construction of the building.

“The purport was to the effect that “.....”

However, in fact, the Defendant had a bad credit standing of approximately KRW 500,000,000, when starting a marina business without any particular property, and paid KRW 900,000,000,000 of the purchase cost of the site as collateral and did not pay the remainder of KRW 1,000,000,000,000. Even if the Bank borrowed D Et building and its site as collateral, it can be loaned within the limit of KRW 2,70,000,00 from KRW 2.9,000,00,000,000,000.

Defendant deceiving the victim as above, and caused the victim to do so from September 21, 2015 to March 31, 2016, the victim acquired pecuniary benefits equivalent to the same amount by allowing the victim to undertake construction of the DNA building in an amount of KRW 2257 million from March 31, 2016.

Ⅱ. Defendant 1, 2018 Gohap, on February 24, 2016, had a lack of the cost of completing the construction of the D Mart building from the mutual influoral multi-sections located in the Yellow-si Dong in Thai-si, Thai-si on February 24, 2016

The loan will be made with the loan after the completion of the DM building from the lending of money.

“The purport was to the effect that “.....”

However, in fact, the Defendant had to depend on all the purchase price and construction price of marina site as the relationship in which marina business began without capital, and as well, there was an existing obligation, and thus the obligation at the time exceeds the loanable amount, so even if it is received a loan after completion.

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