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(영문) 대전지방법원 2013.09.13 2012고단1687
사기
Text

A defendant shall be punished by imprisonment for not less than eight months.

An application filed by an applicant for compensation shall be dismissed.

Reasons

Punishment of the crime

On February 3, 2012, the Defendant was sentenced to four months of imprisonment for fraud at the Daejeon District Court, and on February 11, 2012, the said judgment became final and conclusive.

1. The Defendant, against the victim D, promoted a motor vehicle parts factory, etc. on the land in the name of F in the name of the voice group E in the second half of the year of 2009.

However, on January 29, 2010, the above land obtained permission for development activities under the name of site creation for Class 1 neighborhood living facilities (retail stores) in which the head of the voice Gun is unable to establish a motor vehicle parts factory from the above land, so it was no longer possible to promote a motor vehicle parts factory, and FF also sold the above land around March 24, 2010.

On the other hand, from early 2010, the Defendant had newly promoted the business, such as acquiring G and building, and selling the interior of the interior of the building.

As such, the Defendant did not have promoted the establishment of a motor vehicle parts factory, and even if receiving money from the victim D, the Defendant purchased and operated or intended to use it for personal purposes under the name of the victim H. However, on February 2010, the Defendant made a false statement to the effect that, if the Defendant borrowed money from the victim D as the need for funds such as construction funds, etc. to construct a motor vehicle parts factory in the Chungcheong voice, it would be the company manager, the second child would be employed as a driver, and the loan amount would be repaid at an early date.

A victim D has believed the end of the Defendant, and around February 18, 2010, received a loan of KRW 50 million at the office of EF branch of EFF at Leecheon-si on its own name as collateral, and around February 18, 2010, the Defendant borrowed KRW 1 million in cash, KRW 100,000 in check, KRW 10,000 in total, KRW 100,000 from the victim D, and KRW 2 million in total at the front of the office of EF branch of EF in EF in EF-si, Leecheon-si around the 19th day of the same month from the victim D, KRW 10 million in cash, KRW 10 million in check, KRW 10 million in total, and KRW 40 million in total.

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