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(영문) 대전지방법원 천안지원 2014.08.21 2014고단417
사기
Text

A defendant shall be punished by imprisonment for six months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is the representative director of the (State) D in Seo-gu, Seoan-gu, Seoan-gu.

Around May 2, 2013, the Defendant issued a false statement to the effect that “A victim F introduced through the above state office E, a private village type E, is promoting a development project for the general industrial complex for the general industrial complex for the State of the State of the State of the State of the State of the State of the State of the State of the State of the State of the State of the State of the State of the State of the State of the State of the State of the State of the State of the State of the State of the Property Office.” The Defendant purchased the land with a loan of KRW 50 million, and repaid the money with a loan of PF by May 25, 2013, and would give a design service of an apartment that is scheduled to be newly constructed in the said industrial complex. The down payment for the said design service

However, as of May 2, 2013, the Defendant did not file an application for business approval with Chungcheongnam-do as well as did not submit an intent to make an investment, and the executor submitted a written intent to make an investment and submitted an application for approval, the Defendant was required at least 5-6 months even if he/she received a notice of complementary matters from the relevant government offices, and filed an application for approval. As such, the financial institution’s PF funds were not issued a letter of intent to lend a loan, as well as a legal binding loan, and thus, it was not possible for the financial institution to receive a loan from the victim by May 25, 2013.

Ultimately, even if the Defendant borrowed money from the victim, he did not have the intention or ability to repay it as the promise.

As above, the Defendant, by deceiving the victim as above, received 30 million won from the victim as the loan money on the same day and acquired it by fraud.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness F, and part of witness E’s legal statement;

1. A protocol concerning the suspect examination of the accused;

1. A detailed statement of details of transactions of financial networks, a statement of ordinary deposits, a standard contract for the design of a building, a certificate of borrowing, each letter of intent to make an investment, and a book of intent to North Korea's petition.

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