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(영문) 서울북부지방법원 2019.09.18 2018고단4434

사기

Text

A defendant shall be punished by imprisonment with prison labor for four months.

Reasons

Punishment of the crime

On December 13, 2016, the Defendant was sentenced to four months of imprisonment for a crime of fraud at the Seoul Central District Court, and the judgment became final and conclusive on March 15, 2017.

On May 9, 2013, at a place where a place is unknown, the Defendant made a false statement to the effect that “A victim C, who intended to make an investment in the construction project of the original main building B, is required for the construction design cost of KRW 20 million in relation to the development of the original commercial building, and sent KRW 20 million once again. It should be transferred to an architectD account.”

However, even if the defendant receives money from the victim, he was merely intended to use the loan for the development project of the racing that he promoted separately by the defendant, or to pay personal debts, and did not have the intention or ability to use it as the construction design cost related to the development of the main commercial building.

The Defendant received KRW 20 million, including KRW 10 million around May 9, 2013, and KRW 10 million around May 10, 2013, from the victim, to the E bank account in the name of the Defendant designated by the Defendant.

On May 2013, the Defendant continued to make a false statement to the effect that “The Defendant would return KRW 60 million,000,000,000 to the victim C by borrowing KRW 20 million at the time of the past 20 million because he/she borrowed KRW 30,000,000 to the F F F F F F F F F. In addition, if he/she borrowed KRW 30,000,000. If he/she borrowed KRW 10,000,000,000,000,000 won, if he/she borrowed KRW 30,000,000,000,000.”

However, the defendant is promoted.

The previous racing development project itself was unsatisfy and intended to receive money from the victim to use it individually, such as debt repayment, and there was no intention or ability to repay the money due to the lack of any particular property or income.

The defendant is against the victim on May 2013.