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(영문) 대전지방법원 홍성지원 2018.11.14 2018고단431

사기

Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

On May 18, 2017, the Defendant “2018 Godan 431, the Defendant was the director of the public corporation, and the head office (D) did not have any funds.

On the face of the lending of money, if the application for the payment of the C Sewerage Maintenance Project has been made to the Police Officer during August, it will be immediately implemented.

“A false representation was made.”

However, in fact, the Defendant was thought to use the money borrowed from the injured party to pay the Defendant’s personal debt, and there was no intention or ability to repay the money borrowed from the injured party due to the fact that the Defendant did not receive any payment in relation to the above improvement project and the debt exceeds KRW 122 million,00,000,000.

Ultimately, the Defendant, by deceiving the victim as above, received KRW 4 million from the victim to the bank account (F) in the name of the Defendant on the same day from the victim, and received KRW 5,30,000 from the victim in total over 11 times during the period from August 16, 2017, as shown in the attached Table 1.

The Defendant, on July 2016, 2016, called “2018 Highest 619,” by phone to the victim G at a non-fluorous place, “If the Defendant lends construction expenses to the construction of the wastewater pipe from H in the city of Jung-gu, Jung-gu, Seoul, the principal shall be repaid, and the payment shall be removed from half of the amount each time.

“A false representation was made.”

However, the Defendant was in a situation where the obligees failed to repay their obligations in excess of the time, and the Defendant was thought to use the money borrowed from the injured party as repayment of personal debt, not for the above construction cost, so even if he borrowed money from the injured party, there was no intention or ability to repay the money.

Ultimately, on July 11, 2016, the Defendant deceivings the victim as above and received five million won from the victim to the bank account (F) in the name of the Defendant around July 1, 2016, as well as eight times in total from around that time to March 7, 2017, as shown in Appendix 2.