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(영문) 서울중앙지방법원 2016.11.29 2015고단5499

사기

Text

A defendant shall be punished by imprisonment for six months.

The defendant shall pay 42.5 million won to the applicant for compensation.

(e).

Reasons

Punishment of the crime

1. The Defendant indicated the victim in the facts charged of the crime of victim C of Gangseo-gu Seoul Metropolitan Government D building 204, which was a police officer of the Gangseo-gu Seoul Metropolitan Government, as E individual, the representative director of the C, but the victim delivered the above amount in the capacity of the representative director of E, and thus the victim is C.

Therefore, without changing the indictment, the victim is recognized ex officio as above.

(hereinafter referred to as "victim company") in the office of the injured company E, the representative director of the injured company, stated that "in the new city of Gyeonggi-do, the main office building is constructed, and there is no model house construction cost among the construction fund, so if the office loaned KRW 30 million among the construction fund, the construction of electric and telecommunication facilities related to the above office building will be done and the above borrowed money will be repaid upon the commencement of sale."

However, in fact, the above construction project was rarely carried out, and the construction site was not prepared, and at the time, the defendant did not have certain incomes as credit bad, and there was about KRW 140,000,000, including the tax office's delinquent tax amount of KRW 20,000,000, and there was no intention or ability to allow the injured company to carry out the above officetel sales project normally, and there was no intention or ability to allow the injured company to carry out the above officetels's electrical and telecommunication equipment construction.

The Defendant, as such, by deceiving the damaged company, received each transfer of KRW 20 million from the victimized company on June 27, 201, and KRW 10 million around July 22, 201.

2. Around August 18, 2011, the Defendant stated, “Around August 18, 201, the Defendant, at the same place as the above 1.1., that “F, in the construction of an officetel building in Daejeon U.S., had completed the construction permit and started the construction work upon the completion of the construction permit.” The Defendant said F, “I would be able to undertake the construction of the instant officetel electricity and telecommunications work by borrowing KRW 10 million from the said F, upon request of the F, by requesting the said F

However, the defendant did not think that he lent the above KRW 10 million to F, and he was above.