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(영문) 부산지방법원 2014.06.20 2013고단8233
사기
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

On December 17, 2010, the defendant was sentenced to a suspended sentence of two years on December 25, 2010 by imprisonment with prison labor for one year for a violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes in the Busan District Court.

1. On August 2009, the Defendant, in the name of the pF loan expense, received a loan of 585 square meters (1,917.4 square meters) in Jung-gu, Busan (hereinafter “instant land”) in Busan (hereinafter “PF loan”) and had a mind that it was unable to develop the said land, with the knowledge of the impossibility of being unable to develop the said land, he would be able to obtain a PF loan as if he would be able to obtain a P loan, and received money under the name of the victim D, such as the loan expense, and received money for personal debt repayment, etc.

On August 2009, the Defendant stated that “The Defendant would purchase the instant land with a PF loan and then build a three-story commercial building on the ground. To obtain the above loan, it is necessary for the Governor of the Financial Supervisory Service, a bank, and a staff member of the Culend Construction, etc. to use the funds as entertainment expenses. The Defendant would be able to obtain the PF loan without the master plan and at least 2 billion won if the victim was able to obtain the PF loan without the master plan for the implementation of the project, such as the street funds.”

However, in fact, even if the defendant received the LF loan from the victim, he could not obtain the PF loan, and there was no intention or ability to use it as entertainment expenses for the PF loan.

On December 29, 2009, the Defendant received 32.3 million won through 21 times, as shown in the annexed crime list, from the victim, as well as from October 8, 2010, a transfer of 1 million won to an account in the name of his/her father’s father in the name of his/her father as a pF loan expense, from the victim.

2. On June 4, 2010, if the Defendant borrowed money to the victim “F” operated by the victim D in the Busan City, Jin-gu, Busan, to pay the victim KRW 10 million to the appraisal office, the Defendant is immediately complete payment.

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