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(영문) 창원지방법원 통영지원 2014.07.24 2014고단461

사기

Text

A defendant shall be punished by imprisonment for six months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. Around June 17, 2007, the Defendant made a false statement to the victim “E” office operated by the victim D in Tong Young-si, Si, 200, stating that “The construction work period will be KRW 36 million with the construction work period from June 18, 2007 to September 2007, the Defendant will begin the construction work immediately upon the receipt of the down payment of KRW 25 million.”

However, even if the contract deposit is received, it was thought that the contract deposit received from the victim was used for personal purpose.

As such, the Defendant, by deceiving the victim, received KRW 25 million from the victim as the down payment for the pentle construction work in the same place.

2. On June 19, 2007, the Defendant made a false statement to the above “E” office stating that “If the Defendant was under preparation for new construction of the building in G, and the money was lent money to G, it will only be used for one week, and the Defendant will return the money. When the initial opening problem is dealt with, the Defendant will immediately start the pension construction.”

However, in fact, even if the financial situation has deteriorated, such as construction of a new building on the land located in G, which is owned by the defendant's mother, due to the aggravation of funds, it was difficult for the victim to repay the money within a short period, even if it was borrowed from the victim, and the down payment received from the victim, such as the preceding paragraph, was used in another place, and there was no intention or ability to commence pen construction because it did not have any

The Defendant, as such, by deceiving the victim, received 6 million won from the victim under the pretext of the borrowed money.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness D;

1. Examination protocol of the accused by prosecution;

1. A fact-finding certificate prepared by H;

1. Application of a certified copy of register or contract statutes;

1. Criminal facts;