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(영문) 부산지방법원 동부지원 2018.07.25 2018고단199
사기
Text

A defendant shall be punished by imprisonment for two years.

An applicant for compensation shall be dismissed.

Reasons

Punishment of the crime

Around March 10, 2017, the Defendant concluded a real estate sales contract with the victim’s intent to purchase the Eelel in Ulsan-gun, Ulsan-gun, U.S. D (hereinafter “the instant telecom”) from the victim for KRW 1.1 billion.1 billion upon entering into a contract, to pay the down payment of KRW 100 million, to accept the obligation of the instant telecom, and to pay KRW 300 million to the victim until June 30, 2017.

In concluding a real estate sales contract as above, the Defendant may obtain a loan of KRW 1.8 billion from the Suhyup Cooperative by raising the value of the construction works for remodeling the instant telecom.

After completing remodeling construction until June 30, 2017, it is necessary to settle the sales amount of the telecom with loans from the Suhyup Cooperative.

“.....”

[Criminal facts]

1. On March 10, 2017, the Defendant: (a) had the victim obtain a loan of KRW 900 million in the name of the victim at the Busan Bank as collateral; and (b) knew that the victim had a loan of KRW 900 million out of KRW 900 million and has a balance of KRW 200 million in the remaining loans; (c) on the same day, the Defendant concluded that “If the victim lends KRW 100 million to the victim at the parking lot near the Busan Bank's office located in the Dongdong-dong, Busan Metropolitan City, the instant apartment remodeling project shall be carried out with this money; (d) upon completion of the remodeling project, the Defendant would receive loans of KRW 1.8 billion from the Suwon Bank and complete payment from June 30, 2017.”

However, in fact, the procedure for lending loans, including appraisal, from the Suhyup Bank was not run at all, and the Defendant only transferred the approximate presumption appraisal of the instant Macher through an individual lending adviser, so it was extremely uncertain that the Defendant was to receive a loan of KRW 1.8 billion from the Suhyup Bank on June 30, 2017, and the Defendant received money from the injured party as the construction cost.

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