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(영문) 수원지방법원 2015.10.08 2015고단1603

사기

Text

A defendant shall be punished by imprisonment for not less than eight months.

Of the facts charged in the instant case, the charge of fraud on February 2008 against the victim D shall be acquitted.

Reasons

Punishment of the crime

[Criminal Justice] On October 2, 2013, the Defendant was indicted for a crime of fraud in the Suwon District Court’s Sungnam branch on November 20, 2013, and was sentenced to imprisonment for ten months at the Suwon District Court on November 20, 2014, and the said judgment became final and conclusive on the 28th of the same month.

【Criminal Facts】

1. Around January 18, 2008, the fraud defendant against the victim D made a false statement to the victim D to the effect that "it would make and develop the ground in Gangnam-gu Seoul Metropolitan Government, but if it is lent 200 million won for project expenses related thereto, it will be paid 50 million won after the development is terminated."

However, even if the Defendant received money from the victim, it was thought that he used it as operating expenses of F Co., Ltd. which he was the representative or was responsible for paying part of the service cost equivalent to KRW 700 million, and there was no intention or ability to repay the above loan.

On January 18, 2008, the Defendant, by deceiving the victim as above, had the victim obtain a loan of KRW 250 million from G, a company G as collateral for an apartment building owned by the victim, and acquired the amount of KRW 138,075,00 from the victim immediately from the victim to the account in the name of the defendant.

2. Around September 2013, the Defendant made a false statement to the effect that “The victim H immediately started the reconstruction project at the end of the I building construction project at the Defendant’s office located in Seongbuk-gu Seoul Metropolitan City I building 408. At present, the amount of funds is short of 2-300 million won. At present, the loan is short of 2-300 million won, 20% of the enforcement interest and the right of sale are to receive 45 billion won from the PF funds within 3 months.”

However, the fact that the defendant was operated at the time is not paid corporate tax and four insurance premiums of employees.