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(영문) 부산지방법원 동부지원 2014.12.03 2014고단1447
사기
Text

A defendant shall be punished by imprisonment for one year.

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

1. On July 2007 to August 8, 2007, the Defendant made a false statement to the effect that “The victim E, who became aware of D’s introduction, intends to build a con-form apartment in the luminous-dong in Busan Metropolitan City. The real estate game in Busan is good, apartment sales is good, and apartment sales are good. At present, the Defendant has obtained a prop’s consent on the land in the luminous-dong and would return money to 2-3 times from the date of lending money.”

However, in fact, the Defendant was issued only from the Hyundai Swiss Mutual Savings Bank with respect to the above PF loans, so it was possible to obtain a loan only if it satisfies the requirements for the prior lending, such as feasibility, construction evaluation, and passing through the loan approval procedure, but it was not possible to receive a loan because it was not possible to receive a loan. However, the Defendant did not have any specific property and there was no way to prepare funds of about 49 billion won necessary for the above business, and even if receiving the money from the victim, it was thought that it was used for personal purposes, so the Defendant did not have any intent or ability to pay the money to the victim.

Accordingly, the Defendant, by deceiving the victim, received KRW 100 million from the victim to the national bank account in the name of the Defendant on September 11, 2007.

2. On October 2007, the suspect stated that the “G office” in the victim’s operation of 101 Dong-dong F building 1406, Dong-gu, Seocheon-gu, Gyeonggi-do, 2007, “In order to conduct a new business of constructing a mixed figure, a Si event must be established in the form of a legal entity. The registration of the legal entity falls short of KRW 150,000,000, and if lent, it will return it after three days.”

However, in fact, the defendant did not have a situation where he could proceed with the construction project of the above container figure apartment as described in Paragraph 1, and even if he received KRW 150 million from the victim, he thought that he would use it as capital to establish the executive company of KRW 100 million among them, and 50 million.

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