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(영문) 수원지방법원 여주지원 2016.01.11 2015고단565

사기

Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

On July 20, 2012, the Defendant was sentenced to six months of imprisonment for fraud in the capital support of Suwon Friwon, and the execution of the sentence was completed on January 17, 2013 in the Ansan prison.

Criminal facts

1. On September 9, 2013, the Defendant against the victim C entered into a construction contract with the victim C to newly build “E” with the victim in Echeon-si, Leecheon-si. The Defendant paid 30 million won to the victim as the sales contract deposit from the owner G in order to perform a new construction work on E in E and F land in E and the victim was also subject to civil engineering permission from the competent authority.

On October 30, 2013, the Corporation shall lend five million won to the Corporation's subordinate office.

The phrase “ makes a false statement.”

However, the defendant did not purchase the above H land by paying a down payment of KRW 30 million, and even if he received the above money from the injured party due to the lack of the fact that he obtained construction permission, he did not have the intent or ability to pay the said new construction subcontracted to the injured party, and there was no particular property, and even if he borrowed the above money from the injured party, he did not have the intent or ability to pay it as promised.

The defendant deceivings the victim as above and received KRW 5 million from the victim to the Agricultural Cooperative Account under the name of the defendant (I) around September 10, 2013.

In addition, the Defendant received a total of KRW 25 million, including around October 7, 2013, around KRW 15 million, and KRW 5 million around November 1, 2013.

Accordingly, the defendant was given property by deceiving the victim.

2. On October 2013, the Defendant against the victim J would have the victim J lent KRW 20 million to the victim J in a non-permanent restaurant located in the Sinbuk-gu, Chungcheongnambuk-gu, Chungcheongnambuk-do, the Defendant would have the victim J be awarded a new construction order and transfer the ownership of the said land.

“A false representation was made.”

However, the defendant did not enter into a sales contract with the owner of the above K land.