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(영문) 수원지방법원 안산지원 2017.02.09 2016고단4037

사기

Text

Defendant shall be punished by a fine of KRW 5,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

1. On August 2015, the Defendant tried to construct a golf practice hall in the coffee shop located in Dongjak-gu Seoul Metropolitan Government, Dongjak-gu, Seoul, with the victim B, such as “in-house (State) C and D president.”

The golf practice site and the F golf practice site will be subcontracted to both parties with money borrowed, and the borrowed money will be repaid when the construction advance comes to.

“False speech was made to the effect that it was “.”

However, in fact, although the defendant was in charge of the field center of golf practice conducted by the defendant (ju), it was difficult to secure part of the site of the golf practice site in Seongbuk-gu E-gu in Sungnam-si, and it was difficult to immediately implement the golf practice site construction due to the lack of at least KRW 7 billion with the funds required for the construction cost of the site and the failure to secure investors. Since the defendant was responsible for the debt amounting to KRW 40 million and it was thought that it was appropriated for the necessary expenses and living expenses of another construction site, there was no intention or ability to repay the borrowed money.

As above, the Defendant: (a) by deceiving the victim; (b) received the total amount of KRW 32 million from the victim to the personal compromise account under the name of the Defendant on September 16, 2015; (c) KRW 100,000,000 on September 25, 2015; (d) KRW 6 million on October 8, 2015; and (e) October 29, 2015, KRW 500,000 from the victim, respectively, to receive KRW 32 million.

2. On September 24, 2015, the Defendant: (a) calls from the victim B at an insular place; and (b) “At present, the Defendant will pay back if the Defendant entered the construction deposit with a loan from her mother as her mother is in need of hospital expenses because her mother performed an operation at a hospital.”

“False speech was made to the effect that it was “.”

However, the mother of the defendant did not undergo the surgery, and the defendant did not have the intent or ability to repay the borrowed money as above.

The defendant deceivings the victim as above and was delivered KRW 3 million to the Saemaul Treasury account in the name of the defendant's wife G on the same day from the victim.

Summary of Evidence

1. The defendant's statement in court;