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(영문) 수원지방법원 2015.06.24 2013고단6415
배임등
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

However, the execution of the above punishment shall be suspended for three years from the date of the final judgment.

Reasons

Punishment of the crime

On November 7, 2012, the Defendant was sentenced to three years of imprisonment with prison labor and six months at the Seoul Central District Court for fraud, and the judgment became final and conclusive on February 28, 2013, and is currently in the period of suspension of execution. On May 8, 2013, the Defendant was sentenced to two years of suspension of execution to eight months of imprisonment with prison labor at the Seoul Western District Court for fraud, and the judgment became final and conclusive on July 11, 2014, and is currently in the period of suspension of execution.

1. Around June 26, 2008, the Defendant committed the crime of June 26, 2008, at the victim G’s office located in Gangnam-gu Seoul Metropolitan Government F, the Defendant, through H, the Defendant’s seat, purchased approximately KRW 10,00 square meters of land in the gold-si of the Chungcheongbuk-si, and attempted to carry out the sales business with the Defendant using the Defendant’s seat. If the Defendant borrowed KRW 50,000,000 as the down payment of the purchase price of land, he/she would pay the purchase price with KRW 100,000,000 including the principal and interest, until August 25, 2008.

However, in fact, there was an unclear circumstance where it is impossible to obtain authorization or permission for development of the above land in the nature of the gold, and the Defendant did not have the ability to repay funds borrowed from the victim if he did not obtain authorization or permission due to the absence of any particular property. Even if he purchased the above land, the Defendant had a plan to transfer it into the name of debt repayment in the first future, which is the Defendant’s creditor, and even if he borrowed 50 million won from the victim, there was no intention or ability to repay it as agreed upon.

The Defendant, by deceiving the victim as above, received KRW 50 million from the victim to the national bank account under the name of the JJ, a criminal defendant.

2. The Defendant, on January 15, 2009, purchased a commercial building located in K in the said victim G through the said H at the first patrol officer’s office on January 2009. The Defendant borrowed KRW 200 million as the purchase fund is required and borrowed KRW 200 million. The bank loan included KRW 100 million prior to the said period.

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