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(영문) 대구지방법원 상주지원 2013.04.30 2011고단514
사기
Text

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

However, the execution of the above punishment shall be suspended for two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

The facts charged shall be recognized without changing the indictment to the extent that it is not likely to substantially disadvantage the defendant's exercise of his/her right of defense.

While the Defendant was aware of the difference between D and the de facto manager of the victim C real estate, the audit and the real manager of the victim C, the Defendant, at the end of January 201, received proposals from D that, “The victim company is under the process of carrying out the new house construction project on the YE and six parcels of land in Chungcheongnam-gun, Chungcheongnam-gun, the Defendant received a loan of KRW 200 million from the damaged company as a debtor, and transferred the remainder of KRW 130 million to J, a creditor of the victimized company, who is the creditor of the damaged company, and transferred the money immediately out of the loan, to the above 10 million won as the sales contract amount for the house site for the damage company, the Defendant would be entitled to the said 40 billion won new construction project and one parcel out of the four parcels of land in the above Hari-ri Housing and the above Hari-ri Land.” As such, the fact that the damaged company received a proposal from the above damaged company.

I wish to use the loan as a fund of the victimized company under an agreement with D even if 4 lots of land have been provided as a security, and I wish to use it for the personal purpose of the accused. However, I make a false statement to D that "I would use the loan in whole in accordance with the above agreement at the time" in response to the above proposal, and that it belongs to it from the victimized company.

On February 16, 201, with permission to obtain a loan by providing Li land as a security, the summary of the damaged company at the Heungdong Saemaul Bank on February 16, 201

The maximum debt amount shall be 28 million won, and the debtor shall be granted a loan of 160 million won to K, who is the mother of the defendant, and he shall be given a loan of 100 million won to K to the accounts of the Heungdong Saemaul Depository in the name of K, and he shall be immediately given a loan of 20 million won, which shall be transferred to the accounts of the Heungdong Saemaul Depository in the name of the defendant, and shall be used for personal purposes on the 17th day of the following month.

Accordingly, the defendant deceivings the damaged company.

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