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(영문) 대전지방법원 2017.03.29 2016고단437

사기등

Text

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

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

1. The Defendant’s fraud against E (hereinafter “2016 Highest 437”) at the hotel coffee shop of the trade name in Chungcheong City on June 15, 2010, to F, a director of the victim E Co., Ltd., “F, a director of the victim E Co., Ltd., is H Co., Ltd., the implementation company of Chungcheong Budget-gun G 24 lots of civil engineering and construction work, and the trial is an I Co., Ltd.

In this regard, I will have to pay back the amount of 30 million won with the condition that I will succeed to the construction in the victim company because it has entered into the contract of the construction, but it is not sufficient to do so.

If a building permit is granted, it will be possible to carry out construction from two weeks immediately after, and it will be prohibited from doing so two weeks thereafter.

“.....”

However, the defendant did not have the intention or ability to give the victim the power to engage in civil engineering and construction works in 24 lots G24 lots in Chungcheongnam-gun budget group.

The Defendant, as above, by deceiving F and by deceiving F, obtained a total of KRW 30 million from 10,000 to 30,000 won in front of the issuance of the NAC in Daegu Sung-gu, Inc. owned by the Victim, under the pretext of borrowing money from F, and acquired it by fraud.

2. The Defendant’s fraud to J (hereinafter “2016 Height 1518”), around January 2008, should obtain a comprehensive construction license for an apartment construction company due to the lack of a comprehensive construction license to operate the LJ in Seocho-gu Seoul Metropolitan Government K Officetel 426.

If only KRW 20 million is lent, it shall be paid in two months after purchasing another comprehensive construction license with the money.

'The phrase " was made".

However, even if the defendant borrowed KRW 20 million, he did not have the intention or ability to pay it.

On January 208, 2008, the Defendant: (a) by deceiving the victim as above; (b) obtained the pecuniary benefits worth KRW 6.5 million in cash on the same day; (c) KRW 1.5 million in cash on January 29, 2008; and (d) obtained the pecuniary benefits worth KRW 2.5 million in total from the Defendant’s account in the name of the Defendant’s name; and (d) obtained the monetary benefits worth KRW 2.5 million in cash from the victim.

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