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(영문) 수원지방법원 안산지원 2018.09.05 2018고단1538

사기

Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant is a person who has managed the construction site of the C detached Housing in the name of “B” when he returns from the Republic of Korea.

1. The Defendant committed the first police officer on June 2016, 2016, committed the instant crime to the victim D at the site of the new construction of C detached Housing, Seopo-si, Hapo-si.

The construction work is completed at the time of lending construction cost, and all of the personnel expenses and borrowed money that have not been paid with the construction cost from the owner was false.

However, in fact, the Defendant was aware that there was no benefit from the foregoing construction project in progress, and was not paid personnel expenses for the existing construction project. From around 2012, there was a debt amounting to KRW 80 million with a bond and bank account due to bad credit standing from around 2012, and even if the said “B” borrowed construction expenses from the damaged person who was unable to pay the said tax, there was no intention or ability to pay the said expenses.

Nevertheless, the Defendant: (a) by deceiving the victim; and (b) by deceiving the victim on June 25, 2016, transferred KRW 20 million to the Agricultural Cooperative Account (F) in the name of E (B) around June 25, 2016; and (c) obtained money from the victim.

2. On July 15, 2016, the Defendant, who committed a crime on July 15, 2016, called the victim D calls from the land to the victim D, and, on July 15, 2016, loaned money to Jeju-do, and the money would be repaid in a lump sum upon completion of the C Corporation.

“False speech” was made.

However, the defendant did not have any intent or ability to pay the damages even if he borrowed the money from the damaged person, such as the above 1.

Nevertheless, the Defendant, by deceiving the victim as such, received KRW 1 million from the victim to the Agricultural Cooperative Account (F) in the name of E (B) around July 15, 2016 from the victim and acquired it by deceiving the victim.

3. The Defendant committed the crime of August 21, 2016, found the victim’s house located G at around Jeju on August 21, 2016 and additionally found the materials at construction sites.