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(영문) 춘천지방법원 영월지원 2017.02.14 2016고단449 (1)

사기

Text

A defendant shall be punished by imprisonment for a term of one year and four months.

Reasons

Punishment of the crime

On October 2, 2013, the Defendant entered into a construction contract with the victim F to the effect that “F will newly construct a house in the Gyeong-gun G of Busan, Gyeong-gun, Gyeong-gun, Gyeong-si, Gyeong-si, Gyeong-si, Gyeong-si, Gyeong-si, Gyeong-si, Gyeong-si, Gyeong-si, Gyeong-si, Gyeong-si, Gyeong-gu, 2013, KRW 195 million for total construction cost until December 5, 2013.”

However, in fact, even if the Defendant received the down payment from the injured party, he was thought to use it for the repayment of the obligations for the existing construction cost and casino gambling, and thus, he did not have the intention or ability to newly construct the entire house for the victim

The Defendant, as such, by deceiving the victim, received KRW 70 million from the injured party as the down payment.

"2016 Highest 515"

1. On June 17, 2010, the Defendant of the crime committed around June 17, 2010, at “I” located in the Gwangjin-gu Seoul Special Metropolitan City H around June 17, 2010, borrowed KRW 30 million to the victim J as the construction cost, and received money from K by using only three months as its son’s son’s son’s son.

‘False speech' was made.

However, the defendant had no intention or ability to repay even if he borrowed 30 million won or more from the injured party due to the debt of the financial institution and the debt incurred by the other construction.

The defendant deceivings the victim as above and received delivery of KRW 30 million from the injured party.

2. Around November 18, 2010, the Defendant, at the place indicated in paragraph 1, around November 18, 2010, lent KRW 10 million to the victim K with the charge of committing the crime, “The Defendant: (a) deemed the construction; (b) paid the down payment when doing so; and (c) borrowed KRW 10,000,000,000 from the charge of paying the down payment.”

However, the defendant had no intention or ability to repay the debt even if he borrowed 10 million won from the injured party due to considerable debt as stated in paragraph 1.

The defendant deceivings the victim as above and received delivery of KRW 10 million from the injured party.

3. On November 23, 2010, the Defendant committed a crime around November 23, 201 (1) around November 23, 2010.