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(영문) 인천지방법원 2016.04.15 2015고단4174

사기

Text

A person shall be punished by imprisonment with prison labor for not more than four months and by imprisonment for not more than two months with prison labor for the crimes of No. 1, 2, or 4 in the judgment of the defendant.

Reasons

Punishment of the crime

On April 15, 2011, the Defendant was sentenced to imprisonment with prison labor for 4 months and one year of suspended execution for fraud, and the judgment was finalized on April 23, 2011.

Criminal facts

1. On April 9, 2010, Defendant 2015, Defendant 4174, made a false statement to the effect that “In a restaurant located in Seocheon-si, Seocheon-si, the victim C planned to perform a convalescent hospital construction work, and the victim C changed the amount of KRW 5 million to allow it to perform the construction work of the construction work.”

However, the Defendant had no intention or ability to receive money from the injured party as the construction was suspended due to the financial difficulties from around 2001, while the Defendant continued to work in a convalescent City in 2000, the Defendant did not receive money from the injured party.

The Defendant, as such, by deceiving the victim, received money from the damaged party through the E-title cooperation account at around that time, from the defrauded, and acquired money from the defrauded.

2. 2015 high group 4318

A. On October 2010, the Defendant of the Victim F and G expressed to the effect that “The victim F and the Defendant borrowed the construction of a convalescent hospital located in Gangseo-si D and borrowed the construction design cost to the victims, and that “The victim loan 50 million won or more to the head of the hospital, the premises restaurant, etc. by receiving the amount of money exceeding KRW 00 million until January 30, 201,” to the effect that “The victim F and G lend KRW 40 million to the victims.”

However, the Defendant had not been able to borrow money from many people because of the suspension of construction due to the financial difficulties in 2001, and even if the Defendant borrowed money from the victims due to the lack of the construction funds, there was no intention or ability to newly construct a convalescent hospital or to repay the borrowed money with the Defendant’s own funds.

Nevertheless, the Defendant is at the construction site of a convalescent hospital located in Gangseo-si, Seoul Special Metropolitan City on November 13, 2010, KRW 15,000,000 as a loan from the victim G, and the victim on the same day from the J located in Seocheon-gu, Seoul Special Metropolitan City on November 16, 2010 to the victim G under the same name as the victim G on the same date.