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(영문) 창원지방법원 2019.06.05 2018고단3358

사기

Text

A defendant shall be punished by imprisonment for six 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 February 2017, the Defendant made a false statement to the victim in the victim C’s office located in the victim C’s office located in the Hayang-nam Hamyang-si, Hamyang, that “it is necessary to construct a warehouse in E and pay the purchase price of materials and personnel expenses. If the Defendant borrowed money, the construction cost is deposited at the time of completion on or around March 20, 2017, and will be paid at that time.”

However, the fact is that the construction cost to be paid by the defendant to E warehouse construction is not equivalent to three million won, and even if the defendant borrows money from the victim due to the absence of any special revenue or property, there was no intention or ability to pay it on the date of promise.

Around March 2, 2017, the Defendant: (a) by deceiving the victim as above; and (b) transferred KRW 10 million to the G Association account in the name of F (H) designated by the Defendant on or around March 2, 2017; and (c) has the same year.

3.1 Nov. 1, 200 won shall be delivered in cash, and the same year.

3.13.Written delivery of KRW 2 million in cash, and the same year.

3. Around 17.17. Around 17.m., 4.5 million won was remitted from the victim to the G Association account in the above F’s name and acquired the total amount of KRW 17.39 million from

2. On February 2, 2017, the Defendant made a false statement to the victim of the above D office stating, “The materials to be used for other construction are required. The construction cost shall be paid in full upon the completion of the E warehouse construction.”

However, the defendant did not have the intention or ability to pay the price even if he received the material from the victim in the situation like the above Paragraph 1.

On February 7, 2017, the Defendant, by deceiving the victim as above, received an amount equivalent to KRW 150,000,000 from the victim and KRW 700,000 from the market price of 1.5 million and KRW 700,000,00 from the above date and time to March 18, 2017, and acquired the amount of KRW 5,136,385, total market price of the construction materials from the victim at least six times, as described in the list of crimes in the attached Table.