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(영문) 대구지방법원 상주지원 2016.08.23 2016고단123
사기
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

The Defendant is a person who operated the “D” located in Gandong-gun C from September 2009 to April 2013.

On September 5, 2009, the Defendant purchased the said hot spring building and its site from E for KRW 6.5 billion. This was a condition under which E acquired a loan of approximately KRW 5.0 billion and paid KRW 1.5 billion in cash, which E bears against MS Savings Bank, etc., and the Defendant paid a total of KRW 800 million from F and G, together with the money owned by it.

On January 1, 2012, the Defendant had been urged to pay approximately KRW 30 million to the above MS Savings Bank over several months. On January 10, 2012, the Defendant had been urged to pay the overdue loan to the above MS Savings Bank up to approximately KRW 3.2 billion. On January 4, 2012, the Defendant was notified from the above MS Savings Bank that the overdue loan will not be adjusted by January 10, 2012, but at the time, the Defendant could not prevent the application for auction of the above MS Savings Bank because it was economically difficult for the Defendant at the time because there was no profit in the amount of the loan principal, and therefore, even if the Defendant leased the old houses, etc. of the above MS Savings Bank, the Defendant did not have any intent or ability to return the overdue loan to the lessee and return it normally or to reduce the deposit money.

1. On February 2, 2012, the Defendant: (a) concluded a lease agreement with the victim J as to the three new rooms in the I hotel coffee shop located in H at the time of residing in the Seocho-do on February 1, 2012; (b) deceiving the victim by a method of not notifying the aforementioned circumstances in advance, despite the obligation to notify in advance; and (c) deceiving the victim by a method of not notifying it.

8. Its member received money KRW 50 million from the injured party to the Agricultural Cooperative Account in the name of the Defendant, as a deposit money for the said lease.

2. The defendant.

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