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(영문) 수원지방법원 2013.07.24 2012고단6247

사기

Text

A defendant shall be punished by imprisonment for not more than ten months.

Of the facts charged in the instant case, the fraud No. 1 of the attached Table No. 1 shall be acquitted.

Reasons

Punishment of the crime

On December 6, 2012, the Defendant sentenced ten months to imprisonment with prison labor at the Suwon District Court for fraud, etc., and the said judgment became final and conclusive on the 14th of the same month.

The Defendant operated Co., Ltd. D in Gyeonggi-si C.

1. On October 13, 2008, the criminal defendant against the victim E made a false statement that he/she would receive construction payment if he/she lends money to the victim E at an unsound place.

However, there was no intention or ability to repay money to the victim even if the victim borrows money due to financial difficulties such as the failure of the business.

As such, the Defendant, by deceiving the victim and receiving KRW 30 million from the victim to the Defendant’s agricultural bank account on the same day, received KRW 46 million in total from around that time to November 24, 2010 as indicated in attached Table 2, 6, and 8 of the List of Crimes.

2. On March 10, 2009, the Defendant against the victim F made a false statement to the victim F at H office located in Gyeonggi-gu G, Gyeonggi-do, that “A lack of labor cost and construction cost, such as material cost. If the Defendant borrowed KRW 39 million, the sum of interest shall be paid KRW 42 million after three months.”

However, there was no intention or ability to repay money to the victim even if the victim borrows money due to financial difficulties such as the failure of the business.

From March 10, 200 to October 13, 201, the Defendant, by deceiving the victim as such, received KRW 60 million in total from the time when he received KRW 36 million on March 10, 2009 from the victim, and KRW 3 million on November 13, 2010, as indicated in attached Table 3, 4, and 7.

3. On November 9, 2009, the criminal defendant against the victim I stated that "if he/she lends KRW 50 million to the victim I, he/she shall pay the construction cost, he/she shall receive it immediately after receiving it from the office of Yangyang-gun on the end of December 2009."

However, the project is not properly conducted.