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(영문) 춘천지방법원 2019.10.17 2019고단39

사기

Text

A defendant shall be punished by imprisonment for a term of one year and ten months.

Reasons

Punishment of the crime

【Criminal Power】 On December 3, 2009, the Defendant was sentenced to one year of imprisonment for fraud, etc. at the Changwon District Court, and completed the execution of the sentence on April 9, 2010.

On December 23, 2015, the Defendant was sentenced to a suspended sentence of one year and two months of imprisonment with prison labor at the Chuncheon District Court on December 23, 2015, and the judgment became final and conclusive on December 31, 2015.

【Criminal Facts of Crimes” around December 2, 2012, the Defendant concluded that “The Defendant would transfer E Co., Ltd.’s contribution and company to the E Co., Ltd. if the Defendant borrowed KRW 30 million as the funds for the installation of the internal facilities of the KFFFF to the victim D, the Defendant would have to notarized promissory notes, and would have it repaid until December 31, 201.”

However, the fact is that the defendant's assets are almost little, and the construction work has been suspended due to financial difficulties, or the construction work has been paid in full by the contractor, and it was not possible to receive the construction cost any more. The workers' wages at the construction site are not paid properly, so there was no ability or intention to pay the construction cost normally even if he borrowed money from the victim.

As above, the Defendant, as well as by deceiving the victim as above, received cash of KRW 30 million from the victim to October 5, 2015 from the above date and time to receive KRW 345 million on a total of 10 million as indicated in the following crime list.

On December 2, 2012, if the amount obtained by acquiring the money by means of the method of acquiring the place of crime No. 1 in the table of crime, and the portion of the shortage of the construction cost of the “Chanwon” military unit in the Gangwon-gun, Seocheon-gun, the construction work is completed and the work is completed and the work is completed and the loan is completed and repaid with the payment of the construction cost. On December 31, 2012, the work is completed if the money is lent for the shortage of the construction cost of the F remodeling work (the second floor) and the cost of the work is lent for the payment in cash.