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(영문) 창원지방법원 진주지원 2014.02.11 2013고단563

사기등

Text

A defendant shall be punished by imprisonment for not less than three years and six months.

The defendant, who is an applicant for compensation, shall obtain the amount obtained by deceit from the original corporation, 66,00.

Reasons

Punishment of the crime

[criminal power] On October 25, 2013, the Defendant was sentenced to imprisonment with prison labor for fraud, etc. at the Changwon District Court, and the judgment became final and conclusive on November 2, 2013.

【Criminal Facts】

(2013 Highest 563)

1. On April 2009, the Defendant committed the crime against the victim E made a false statement that “If the construction cost to be used in the private construction site or the Seoul Hospital construction site is required, the victim E will receive money from the above construction site and pay the principal and interest.”

However, in fact, the Defendant was unable to pay taxes due to the failure to raise funds from around 2008, and even if the Defendant received money from the victim, such as wages, material costs, etc. for persons in various construction sites from time to time, the total amount of debts reaches KRW 300 million, he did not have any intent to repay the money on the agreed date with the victim.

Nevertheless, on June 1, 2010, the Defendant received 89,150,000 won in total from June 30, 2010, including transfer of KRW 1,2750,000 to the post office account under one’s name, from the victim as above, on the pretext of borrowing money from the victim.

2. Around October 2009, the Defendant, at the above G office, concluded that “Around October 2009, the victim H will pay KRW 61 million for the construction cost on the face of a week by executing the construction of a light-fluence in the office of “J” office in “J” located in Jinju-si, and “M” toileting in front of the L broadcasting station located in K at J in J in Y as the river and Jinju-si.”

However, the Defendant did not have any intent or ability to pay the construction cost even if the victim completes the construction work because the Defendant was economically difficult.

Nevertheless, the Defendant made a false statement to the victim, and caused the victim to complete the above construction work on or around January 10, 2010, and paid 61,000,000 won for construction work.