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(영문) 대전지방법원 홍성지원 2017.01.11 2016고단225

사기등

Text

A defendant shall be punished by imprisonment for four years.

Reasons

Punishment of the crime

The defendant was sentenced to a five-year imprisonment with prison labor on July 1, 2003 at the Cheongju District Court on July 1, 2003, and was released on January 30, 2008 during the execution of the sentence by a public prison on January 30, 2008 and passed on February 13, 2008.

[2] The Defendant, by August 4, 2010, operated a mutual factory of “F” in the same military E, such as “D” in the Chungcheongnam-nam Budget Group C, from August 4, 2010.

1. Crimes against the victim G and the victim H;

A. A. Around March 18, 2010, the fraud Defendant made a false statement to the effect that “The cost is urgently needed to complete the interior construction of the IO building,” and that “The Defendant would receive construction cost upon the end of April 2010 if he/she borrowed money.”

However, the Defendant borrowed an amount equivalent to KRW 50 million from the bond company and paid interest of KRW 1.5 million each month. The Credit Guarantee Fund had a debt of KRW 4 million to the Credit Guarantee Fund, and it had already been paid the construction cost by the owner of the construction site in Japan, and there was no payment for the construction cost. Therefore, even if the Defendant borrowed money from the victims, there was no intention or ability to pay it.

The Defendant, as above, received KRW 35,130,000 from the victim G to the Agricultural Cooperative (J) account in the name of the Defendant on the same day, and from around that time to July 9, 2010, issued KRW 35,130,000 in total over 10 times, such as the written list of crimes (1) in attached Table (J).

Accordingly, the defendant was informed of the victims to receive property.

B. On May 18, 2010, the Defendant: (a) borrowed money from the victims on the ground that “Around May 18, 2010, the victims filed a lawsuit against the owner of the construction site at the work site and received a judgment to pay KRW 430 million; and (b) borrowed money from the victims.”