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(영문) 부산지방법원 2018.05.25 2017고단5841

사기

Text

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

Reasons

Punishment of the crime

The Defendant, who carried on the construction business with the trade name of “C”, was expected to receive a subcontract from “E” F, a construction contractor of the instant loan (hereinafter “G”) with respect to the framework construction among the construction works of “E” (hereinafter “the instant loan”), and to be removed by G (hereinafter “G”) (101, 104, 302, 103, 402, 104, 103, 104, 103, 304, 105, 101, 102, 302, 401). However, the Defendant was expected to be removed from the site construction site of the instant loan by the Plaintiff, the owner of the instant loan (hereinafter “G”).

Therefore, for the purpose of making it difficult for the Defendant to execute the removal of G lending of this case, the Defendant claimed a lessee to move into the instant lending of this case with a low security deposit with respect to 9 households in which the Defendant received payment of the substitute money, and he received money from the lessee as the down payment from the lessee to use it for the payment of overdue wage.

1. Fraud against victim H;

A. On January 6, 2013, the Defendant, who acquired the down payment under the name of the down payment, was the victim H at the J church coffee shop located in Busan-gu, Busan-gu.

I would like to pay the deposit amount of KRW 7 million to one of the households by leasing the deposit amount of KRW 7,00,000 to 3 years, and return the deposit if you live.

On the other hand, the phrase “if one million won is moved into and out of the down payment, the balance shall be paid.”

However, in fact, since the Defendant planned to remove the instant loan, even if he received the down payment from the victim H, he did not have the intent or ability to live in the instant loan and live normally in the instant loan, and the Defendant did not have the intent or ability to return the down payment, out of the deposit received from the victim H, since the Defendant was in excess of KRW 600 million at the time as the bad credit was the bad credit.

Nevertheless, the defendant is the above.