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(영문) 대구지방법원 경주지원 2014.04.17 2013고단706

사기

Text

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

1. On July 20, 2012, around 12:00, the Defendant made a false statement to the victim D that “A contract will be made so that money would be used at construction expenses if the Defendant would be repaid to the victim, who would purchase land in the vicinity of the high-sea high-sea high-sea high-tech bathing beach and directly construct three pents.” On September 20, 2012, the Defendant would make a false statement to the victim that “A contract will be made so that money would be used at construction expenses.” On August 20, 2012, the Defendant would be used as construction expenses if the Defendant borrowed KRW 800,000,000 from the three new construction works, and would be repaid to the victim by September 20 of the same year.”

However, at the time of fact, the Defendant did not file an application for pension policy funds, and there was no intention or ability to complete the payment even if he/she borrowed money from the victim because he/she bears approximately KRW 130,000,000 in the absence of any specific property. On July 2012, 2012, the Defendant did not withdraw the application for construction permit and did not perform the pension construction work, and there was no intention or ability to perform the construction contract to the victim.

After all, the Defendant, as above, deceiving the victim as above, received 8 million won from the victim to the deposit account in the name of E under the name of E as the borrowed money around August 20, 2012, and fraudulently acquired it.

2. At around 11:00 on October 5, 2012, the Defendant: (a) provided the victim with money borrowed from the victim as set forth in paragraph (1) at the coffee shop as set forth in paragraph (1); or (b) provided the victim with no intent or ability to contract the construction; (c) provided the victim with “if the Defendant borrowed additional KRW 7 million in the construction of a pentry, he/she would use it as construction expenses; and (d) provided the victim with the money borrowed up to October 30, 201, he/she received KRW 7 million from the victim to the deposit account in the E’s name on the same day.

3. On October 9, 2012, the Defendant borrowed from the victim at the coffee shop as described in paragraph 1, as described in paragraph 1, around 11:54.