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(영문) 청주지방법원 제천지원 2016.12.15 2016고단388

사기

Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On April 2, 2015, around 17:00, the Defendant stated that “If the Defendant leased KRW 6,000,000 to grant the equipment tax and personnel expenses of landscaping works on a set line, it would be immediately repaid after the completion of the construction work on April 8, 2015, to the victim D, who was located in front of the 102-dong B apartment 102 Mamart.”

However, in fact, the Defendant was liable to pay KRW 10 million at the time, and there was no money or means of payment to be paid during the period other than the revenue arising from the said construction work. The expected revenue from the construction work was not only more than KRW 200,000, and even if it was paid for the construction work, it was thought that it was used for the expenses such as personnel expenses of the existing construction work and personal purposes, so even if it was borrowed money from the victim, there was no intention or ability to pay it within the agreed period.

As such, the Defendant, by deceiving the victim as such, received 6 million won in cash from the victim on his job as the borrowed money.

2. At around 17:00 on April 6, 2015, the Defendant stated that “The Defendant would make payment immediately after the completion of construction works on April 8, 2015, at the place specified in paragraph (1) that “The Victim D shall know the Victim D at the end of construction works, and to lend KRW 2,00,000 to the Victim D.”

However, at the time, the Defendant had a debt of KRW 10 million, and there was no money or means of payment to be repaid during the period other than the income accrued from the said construction work. Around that time, there was a knowledge that the construction was delayed due to a large amount of rain and a tin reduction, etc., and thus, the construction cannot be completed until April 8, 2015, and the profits cannot accrue from the existing construction cost set up due to this, even if the Defendant borrowed money from the victim, there was no intention or ability to repay the said amount within the agreed period.

As such, the Defendant, by deceiving the victim as such, received 2 million won from the victim under the pretext of the borrowed money.

3. The Defendant is to Chocheon-si around April 9, 2015.