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(영문) 대전지방법원 천안지원 2018.05.11 2017고단2933

사기

Text

Defendant shall be punished by a fine of seven million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The Defendant is a person working as a DNA instructor at C University Lifelong Education Center located in Seo-gu, Seo-gu, Seocheon-gu, and the victim E is a representative director of the F Company.

On December 30, 2015, the Defendant stated that, at the Defendant’s office located in the Lifelong Education Center of the pertinent C University, the Defendant loaned only KRW 50 million to the Defendant’s office “to obtain a contract for construction of a C University dormitory,” and that, upon lending money, the Defendant would repay money without molding until February 28, 2016.”

However, in fact, the Defendant had no intention or ability to assist the victim to receive a contract for the construction work of the C University dormitory, who is not related to the construction work of the C University dormitory, and had no intention or ability to obtain a contract for the construction work of the dormitory. Around that time, the Defendant used most of the personal debt amounting to KRW 80,000,000 for the purpose of repaying the debt and used the money borrowed from the victim for the purpose of repaying the debt, and had to lend the money borrowed from the victim to the other party. Therefore, even if the Defendant borrowed money from the victim,

The defendant deceivings the victim as above and received 50 million won in cash from the injured party under the pretext of the loan.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the police statement related to G;

1. Certificates and notes of borrowing;

1. Certification of each content:

1. Application of the Acts and subordinate statutes of table by construction cost invoice, net construction cost chart, and by type of code;

1. Article 347 (1) of the Criminal Act applicable to the relevant criminal facts and Article 347 of the choice of punishment;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The Defendant, on the grounds of sentencing of Article 334(1) of the Criminal Procedure Act with regard to the sentencing of Article 334(1) of the Criminal Procedure Act, acquired a large amount of money from the victims of the students by taking advantage of his/her position.

Although a considerable period of time has elapsed after a monetary sum was made, the defendant shall be liable for damages to the victim.