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(영문) 창원지방법원 진주지원 2018.09.07 2017고단556
사기
Text

A defendant shall be punished by imprisonment for not more than ten months.

Reasons

Punishment of the crime

On October 26, 2016, the Defendant was sentenced to six months of imprisonment for fraud at the Changwon District Court, and completed the execution of the sentence at the Changwon Prison on April 24, 2017.

In fact, Co., Ltd. was approved as D on August 13, 2009 with respect to the land of which the total amount of 2,400,000,000 won was set up for the land, but about KRW 400,000,000 of the loan with the right to collateral security was overdue, and the auction procedure was conducted on May 15, 2014 after a voluntary decision to commence an auction was made on May 15, 2014.

In addition, in order to establish a logistics center, it is difficult to obtain the approval of the modification of the above plan, and since there was no specific consultation on the sale of land with the logistics company such as E at the time of the above investment agreement, it was difficult to conduct the sale of land with the logistics company within two months.

In addition, approximately KRW 175,220,00 was required to secure the F and seven parcels of Jinju, which are planned as access roads.

Therefore, even if approximately KRW 200,000 is invested in Company B, the company did not have the intent or ability to pay principal and profit by selling part of the site to the water-type company within two months, and there was no intention or ability to establish the right to collateral security as to the whole site after acquiring the land planned to be the access road until the land.

In June 20, 2015, the defendant, at the victim H's office located in Daegu Suwon-gu G on June 20, 2015, "B is developing D in Jin, and the entire project site is being put into auction with temporary financing, but currently entering the E Center and trading contract between the land's entry and the land's 20,000 is almost final and conclusive.

If 200,000,000 won is invested, the unpaid interest will be paid to the bond bank, and the auction will be withdrawn, and the principal and profit will be paid in 200,000,000 won within two months.

The method is confirmed by the E Center and 20,000 square meters.

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