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(영문) 청주지방법원 2017.12.13 2016고단2003

사기

Text

A defendant shall be punished by imprisonment for two years.

Reasons

Punishment of the crime

[criminal records] On November 18, 201, the Defendant was sentenced to six months of imprisonment for fraud and one year and eight months of imprisonment at the Daegu District Court on November 18, 201, and completed the execution of the sentence at the Daegu Detention House on September 2, 2012.

[2] The Defendant’s criminal facts at the “D” office operated by the victim C, located in Jincheon-gun, Jincheon-gun, Jincheon-gun, the Defendant: “In the case of Jincheon-gun, Jincheon-gun, the Defendant will perform the construction of a separate house, landscaping, and the access road package construction; and the petition Gu F will newly construct five factories at the Gu Cheongcheon-gun.” Around August 2015, the Defendant seized the head of the Tong where the Defendant deposited KRW 13.746 billion from the Defendant’s office of “D” that received excessive inheritance and did not pay inheritance tax.

The seizure of the head of the Tong may proceed with the construction work to cancel the seizure, which means that "the cost of cancelling the seizure is taken." After September 2015, 2015, the head of the Tong can pay the advance payment for the construction work to the victim by phoneing the victim on September 1, 2015, and the seizure of the head of the Tong deposited in KRW 13.7 billion.

When lending money, it was called that the seizure immediately borrowed money and the advance payment for construction work will be made.

However, the defendant did not have the intent or ability to carry out the above construction as well as there was no fact that he received a lot of inheritance, and there was no seizure of the passbook with the deposit amount of KRW 13.7 billion, and there was no intention or ability to repay even if he borrowed money with the status of the debt of KRW 13.7 billion.

As such, the Defendant, by deceiving the victim, was transferred from the victim to the Defendant’s credit account (G), KRW 31,50,000 on September 11, 2015, KRW 200,000 on September 24, 2015, KRW 15,000 on October 15, 2015, KRW 10,000 on October 28, 2015, KRW 5,000 on October 28, 2015, KRW 5,000 on November 3, 2015, and KRW 3,00,000 on November 3, 2015, and KRW 3,000 on November 3, 2015.

After that, on November 2015, the Defendant released the victim from seizure of the passbook.

11. 18. The money deposited in 13.7 billion won, out of 3.74 billion won, 3.746 billion won.