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(영문) 대전지방법원 2014.11.14 2013고단806

사기

Text

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

Reasons

Punishment of the crime

On June 7, 2011, the Defendant was sentenced to 8 months of imprisonment with prison labor or 2 years of suspended execution due to the charge of forging private documents at the Suwon District Court, etc. On August 12, 2011, the said judgment became final and conclusive on August 8, 201, and on June 8, 2011, the Daejeon District Court sentenced ten months of imprisonment with prison labor due to fraud, etc., and became final and conclusive on August 16, 2011.

1. On May 2010, the Defendant made a mobile phone call to the Victim B (V, 50 years of age) with a mobile phone, and made a false statement to the effect that “On the part of ELD Construction, the Defendant may receive KRW 1 billion in advance for submission of a bank balance certificate.” On the part of lending money, the Defendant made a false statement that “on the part of ELD Construction, the Defendant will immediately receive advance payment of KRW 1 billion in addition to interest sufficient to the principal.”

However, in fact, the defendant did not receive the government-funded Corporation subordinate in the ELD Construction, and did not have to submit the certification of bank balance.

Around May 3, 2010, the Defendant, by deceiving the victim as such, remitted KRW 19 million to one bank account under the name of the Defendant, to the account in the name of one bank designated by the Defendant, and ② On the same day, Daejeon Seodong-gu was 28 million in cash in the street near the agricultural and fishery products market located in Dong-dong.

2. On October 2010, the Defendant made a false statement to the effect that “A large amount of money is entering the construction site’s personnel expenses, expenses, etc., and no advance has yet to be paid to the said victim in the street near the Daejeon-dong Agricultural and Fishery Products Market.” On the other hand, the Defendant concluded construction with the said money and repaid the said money immediately after the advance payment was paid.”

However, in fact, the Defendant did not perform construction works with the authority of the ELD Construction, while there were many other debts, and there was no intention or ability to repay the said money even if he borrowed money from the victim due to the lack of revenue, and the said money was thought to be used for the Defendant’s personal debt repayment, etc.

The Defendant, as such, deceiving the victim and deceiving him from the victim, shall be the Daejeon Sung-gu on November 1, 201.