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(영문) 의정부지방법원 고양지원 2017.08.25 2017고단1159

사기

Text

A defendant shall be punished by imprisonment for two years.

Reasons

Punishment of the crime

1. On March 31, 2014, the Defendant of the 2017 Highest 1159, the Defendant tried to construct a temple called a stable in Gyeonggi-gu from the injured party C’s office located in Bupyeong-si, Seocheon-gu.

“I hear the horses,” and “I would like to construct a stable until November 30, 2014 with the victim’s responsibility to pay the construction cost on the face of the week.”

1. As seen, the Plaintiff made a false statement to the effect that the Plaintiff was “.”

However, the Defendant was thought to use the money received from the victim from D for the E construction cost, and there was a debt of approximately KRW 20 million without any particular property, and paid KRW 3 million per month as interest expense. Since the Defendant did not pay the money borrowed from the lending company, such as the F company, but did not pay the money in arrears, it was not possible to create a separate fund and carry out a stable construction. Therefore, even if receiving the money from the victim, there was no intention or ability to carry out a stable construction.

The Defendant, as seen above, by deceiving the victim and by deceiving the victim, received the money of KRW 25 million on March 31, 2014, and KRW 13.4.9 million on October 13, 2014 from the Saemaul Treasury account (G) in the name of the Defendant for the purpose of construction cost reduction from the victim.

2. "2017 Highest 1883".

A. On April 2, 2012, the Defendant concluded that “Around April 2, 2012, the Defendant would pay the victim I interest of KRW 300,000 per month if he/she lends money necessary to purchase the land of the Section in Daejeon to the victim I at the H building parking lot in Dong-si, Leecheon-si.” On or after July 2, 2012, the Defendant would immediately pay the principal if the principal is deemed necessary.”

However, in fact, since the defendant thought that he received money from the injured party for personal purposes, he did not intend to purchase the money in Daejeon, and he suffered approximately KRW 300 million damages around October 201 and the financial situation has deteriorated, so even if he received the money from the injured party, he did not have the intention or ability to repay it properly.

The defendant is the victim as above.