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(영문) 대전지방법원 서산지원 2018.08.30 2017고단939

사기

Text

A defendant shall be punished by imprisonment for not more than ten months.

Reasons

Punishment of the crime

"2017 Highest 939"

1. On June 10, 201, the Defendant, against the victim B, called the victim B at an insular location, and called the victim B, “A large-scale freezing warehouse is set up in the acceptance of the punishment of the internal insular village, and the Defendant is responsible for the field construction work.

Along with the loan of money needed in an urgent manner to the freezing warehouse construction so that the fracker may put the fracker into the fracker, the false statement was made that the payment for the construction would be made within one week at the time of the advance payment for the construction.

However, in fact, the above freezing Corporation was purchased only on the site, and the construction was not in progress, and the defendant did not have agreed to receive a subcontract for the civil engineering work from a death village C. Since the authority to select a civil engineering work company was not against C, the defendant did not have any intent or ability to allow the victim to engage in freezing work related to freezing construction, and at the time, the defendant did not have any intent or ability to pay the victim a debt equivalent to KRW 70,000,000 to the victim with money due to gambling, even if the defendant borrowed money to the victim within the agreed date.

Nevertheless, the Defendant, as seen above, received 1.5 million won from the victim to the D bank account under the name of the Defendant on the same day from the victim, and acquired it through money from the victim. From that time until November 2, 2016, the Defendant received the total sum of KRW 12.7 million from the victim on 11 occasions in the same manner as in the attached crime sight table (1) from November 2, 2016.

2. The Defendant against the victim E is the representative director of G who, around December 2014, would be responsible to the victim E for the construction of freezing warehouses of the FFF company within the freezing construction site office located in Yeongdeungpo-gu, Seoul Metropolitan Government.

The construction works of freezing storage shall be conducted on the face of a week by lending the expenses necessary for new construction works to a person for subcontracting.