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(영문) 제주지방법원 2013.07.25 2013고단562

사기등

Text

One year of imprisonment with prison labor, and two months of imprisonment with prison labor, respectively, for the crimes of No. 7 of the judgment.

Reasons

Punishment of the crime

[criminal power] On October 14, 201, the Defendant was sentenced to imprisonment with prison labor and six years for fraud, etc. at the Changwon District Court on October 22, 201, and the said judgment became final and conclusive on October 22, 2011.

【Criminal Facts】

1. On July 15, 2009, the Defendant committed the fraud against the victim C, the Defendant stated that “A victim C, who operates E, would pay the construction cost of KRW 62,50,000,000,000,000,000 around August 10, 2009, KRW 2,50,000,000,000,000,000 around August 18, 2009, and KRW 2,50,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000

However, due to the opposition of the residents, the construction of the said warehouse was difficult to complete the construction due to the difficulty of the residents, and the owner G was deprived of the construction of the warehouse due to the lack of funds and agreed to complete the construction by raising funds. However, there is no other method of financing that the Defendant already bears to other creditors, and the Defendant did not have any intent or ability to pay the construction cost even if the victim completes the construction of the steel.

As above, the Defendant: (a) by deceiving the victim; (b) caused the victim to perform construction works for steel production from July 15, 2009 to August 14, 2009; and (c) did not pay the construction cost of KRW 62,50,000,000; and (d) took property benefits equivalent to the said amount.

2. On December 2, 2009, the Defendant: (a) stated that “A person who committed fraud against the victim H would open a building 303 floor and a partner J will pay 4050,000 won to the victim H in lump sum until the end of December 2, 2009, when supplying and installing computers and devices to be used in the office.”

However, the defendant did not have any intention or ability to pay the price even if he is supplied with computers and devices.

The defendant deceivings the victim as above.