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(영문) 서울동부지방법원 2015.12.24 2015고단2937

사기

Text

A defendant shall be punished by imprisonment for one year.

The defendant pays 130 million won to the applicant for compensation by fraud.

3.2

Reasons

Punishment of the crime

1. On March 31, 2014, the Defendant, at the F Office of Construction Business Co., Ltd., Ltd., Ltd., the Defendant operated the building in Yeongdeungpo-gu Seoul, Yeongdeungpo-gu, Seoul, said on the following grounds: “The Defendant, who was a senior student of the Defendant’s high school, has completed the construction of a convalescent hospital in Gwangju city, but the construction cost is insufficient; if the Defendant included KRW 70 million and the victim lent KRW 50 million, the construction should be completed at KRW 120 million; the construction cost was notarized at the attorney’s office; the Defendant did not have any awareness about the construction cost; the principal was 2.5 million won per month; and the principal would be returned at any time upon the request of the victim.”

However, in fact, the above construction company operated by the defendant had no contract for construction work, and the defendant was unable to pay the monthly salary and the monthly salary of the office at the time, was in a bad credit condition without any particular property or income, and was not in progress in Gwangju City, and therefore, there was no intention or ability to repay even if he borrowed money from the victim.

Nevertheless, on March 31, 2014, the Defendant, by deceiving the victim as such, obtained a cashier's check of KRW 50 million from the above office as the borrowed money from the victim, and acquired it by fraud.

2. On August 7, 2014, the Defendant made a false statement to the victim’s house located in Seongdong-gu Seoul Metropolitan Government, stating that “When the Defendant is engaged in the business of purchasing agricultural products in Jeju-do, and the investment amount is KRW 80,000,000,000,000,000,000,000,000,000,000) is to be paid to the victim until October 1

However, the defendant did not engage in the business of purchasing agricultural products, and even if he borrowed money from the victim as described in the preceding paragraph, he did not have the intention or ability to pay the money.

Nevertheless, the defendant deceivings the victim and belongs to it.