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(영문) 수원지방법원 성남지원 2013.05.24 2012고단2266

사기

Text

A person shall be punished by imprisonment with prison labor for not less than six months for the first and second crimes in which he/she held a defendant, and by imprisonment with prison labor for not more than four months for the third crimes.

Reasons

Punishment of the crime

On June 14, 2006, the defendant was sentenced to two years of imprisonment for the violation of the Road Traffic Act and the violation of the Road Traffic Act (non-licensed driving) in the Sungnam branch of Suwon District Court on June 14, 2006, and the judgment was finalized on June 22, 2006. On March 13, 2008, the Seoul Northern District Court sentenced eight months of imprisonment for fraud and embezzlement, and the judgment became final and conclusive on March 13, 2008.

1. Around January 31, 2006, the Defendant: (a) at the D office located in Suwon-si, Suwon-si; (b) at the time, at the time, the Defendant was performing construction work in Suwon-si E and Suwon-si F, etc.; (c) however, there was financial difficulties to the extent that part of the construction cost is not paid; (d) even if the Defendant voluntarily raised the construction fund and received the down payment of KRW 100,000 from the victim G, the Defendant did not have the intent or ability to control the building to the victim within the given period; (b) even though the Defendant did not have the intent or ability to leave the building to the victim within the given period, the Defendant would turn the five-story building to the H’s land at KRW 410,90,000,000,000,000 for the construction cost; (b) the remainder of the construction work is completed after being acquired from the victim’s 100,000,000 after completion; and (c) the completion of the down payment.

2. On February 8, 2006, the Defendant, at the J restaurant located in Suwon-si, Suwon-si, and even if the Defendant borrowed money from the victim’s G land as collateral, the Defendant was planned to use the borrowed money as construction cost at another construction site. However, the Defendant borrowed KRW 100,00,000 from the Defendant’s perspective as collateral for the joint and several surety, and borrowed KRW 100,000,000 on the high-point H land at Suwon-si, Suwon-si, the Defendant used it as construction cost and repaid the borrowed money and interest by April 30, 2006.

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