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(영문) 인천지방법원 부천지원 2017.08.17 2016고단1860
사기
Text

A defendant shall be punished by imprisonment for three years.

Reasons

Punishment of the crime

[criminal records] On May 9, 2013, the Defendant was sentenced to a suspended sentence of two years on September 2013, as a crime of opening gambling in the Incheon District Court’s Branch Branch, and the said judgment became final and conclusive on May 17, 2013.

[2016 Highest 1860] On March 3, 2008, the Defendant concluded a sales contract under the name of the seller G and ASEAN with respect to the land located in Won-gu, Seocheon-si and the land yet-built buildings. Although having been willing to carry on the telecoming business, the Defendant had been willing to borrow money from the victim I who was known from around 2005 due to the lack of the construction cost, it was difficult to complete the construction of the building.

On April 25, 2008, the Defendant called the victim on the phone on April 25, 2008 and is proceeding with the telecom F in Seocheon-gu, Seocheon-gu.

If the construction cost is short of the loan, the principal and interest on the loan will be repaid and the additional interest will be added to 30 million won.

That said, the Court said that the payment would be made in gold.

However, in fact, the Defendant was unable to receive the construction cost from the Chungcheongnam-gun, Chungcheongnam-gun from 2006, and it is difficult to proceed with the above telecoming construction without the victim’s aid. Therefore, even if it was difficult to borrow money from the victim, there was no intention or ability to repay it within the agreed period.

As above, the Defendant: (a) by deceiving the victim; (b) received KRW 178,425,260 from the victim on June 26, 2008 to the K account in the name of K on June 26, 2008; and (c) received KRW 296,558,760 on four occasions from July 8, 2009, such as the list of crimes in the attached Form.

[2016 Highest 3414]

1. On December 23, 2011, the Defendant may receive a successful bid for real estate from the victim M's office located in Gwanak-gu, Seoul Special Metropolitan City L, and make a lot of profits from selling it. The Defendant received a loan from a bank as collateral for the real estate located in Gwanak-gu, Seoul Special Metropolitan City L, which was owned by the party and provided the loan to the bank, and the interest on the loan shall be borne by the internal government, and the interest on the loan shall be borne by using it (ab) No. 806, 602, Nowon-gu N

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