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(영문) 창원지방법원 마산지원 2017.03.07 2016고단765

사기

Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

The defendant of "2016 Highest 765" is insufficient to obtain a single type license from the victim C, who is a construction material business operator that came to know at another construction site at the construction site of an apartment constructed built by the Jeju-si, a corporation that is located in Tong-si in around October 2014.

It is possible to obtain a license for a type of apartment building with a loan of KRW 20 million so that it can be supplied with materials at the construction site, and it is also possible to pay KRW 20 million.

“A false statement was made to the effect that it was “.”

However, in fact, the Defendant was thought to pay unpaid wages to the human parts in other construction sites with the money paid by the injured party, but the Defendant did not have the intent or ability to receive a license and subcontract for the structural construction so that the injured party can supply the materials at the construction site.

The defendant deceivings the victim as above and was transferred to the police account in the name of the defendant at around October 17, 2014, KRW 20 million under the name of the defendant as the borrowed money from the injured party.

“Around 07:00 on June 26, 2016, the Defendant called the victim E in Changwon-si, Changwon-si on June 26, 2016 and lent KRW 300,000,000 to require urgent money.”

7. Until July 1, 200, repayment will be made without mold.

“A false representation was made.”

However, in fact, the defendant thought that he would pay a separate criminal case agreement against the defendant with the money borrowed from the victim at the time, and there was no property or income in the name of the defendant, and thus there was no intention or ability to pay the money within the time limit, even if he borrowed money from the victim.

Around 10:31 on June 27, 2016, the Defendant deceiving the victim as above and transferred KRW 3 million to the Agricultural Cooperative Account in the F’s name used by the Defendant as the borrowed money from the victim.

Summary of Evidence

"2016 Highest 765"

1. Statement by the defendant in court;

1. C and G.