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(영문) 부산지방법원 2015.01.15 2013고단6652

사기

Text

A defendant shall be punished by imprisonment for not more than ten months.

Reasons

Punishment of the crime

"2013 Highest 6652"

1. On September 4, 2012, the Defendant was sentenced to imprisonment with prison labor and six months at the Busan District Court for fraud, etc., and the judgment became final and conclusive on July 11, 2013.

Around November 11, 2010, the Defendant stated that “The Defendant would increase the amount of KRW 40 million up to June 24, 2011 if the Plaintiff newly built a large commercial building in Busan, which is the president of D. The Plaintiff would be a new owner of D. The Plaintiff would increase the amount of KRW 20 million until June 24, 201.”

However, in fact, the Defendant did not have any funds from the Defendant himself/herself or (State)D, and the (State) E, who had previously been operated, had offered a guarantee for 6 billion won in loan from the Exemplary Mutual Savings Bank, but did not carry out the construction work, was trying to carry out the construction project unreasonably by obtaining loans from the financial institutions, etc., and thus, even if he/she borrowed 20 million won from the victim, he/she did not have any intent or ability to pay 40 million won until June 24, 201, and he/she thought to use the money from the victim as a personal account, not as a construction work fund.

On November 19, 2010, the Defendant, by deceiving the victim, received 7 million won in cash from the victim, and received 20 million won in total by receiving 13 million won from the Busan bank account in the name of the Defendant.

"2013 Highest 7309"

2. The defendant is the representative director of E and the defendant F, who is the vice president of E Co., Ltd. and is engaged in activities to arrange the subcontract after receiving the appointment of the vice president of E Co., Ltd.

Defendant

On August 2008, the above defendant collected money from the companies that want to receive subcontracting under the pretext of giving a subcontract for civil and electrical construction among apartment construction works implemented by the corporation E, the commercial defendant, in close time apartment construction works implemented by the corporation E.

On August 2008, the defendant F was the victim H.