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(영문) 부산지방법원 2018.04.25 2015고단1479

도로교통법위반(무면허운전)등

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The defendant shall be punished by imprisonment with prison labor for 4 months and by imprisonment for 1 year and 4 months for the remaining crimes in the holding.

Reasons

Punishment of the crime

[Criminal record] On July 12, 2013, the Defendant was sentenced to a suspended sentence of two years for fraud at the Busan District Court on July 2013, and the judgment became final and conclusive on July 20, 2013.

[2015 Highest 3299]

1. On May 25, 201, the Defendant against the Victim G would transfer the victim G the right to construct a composite apartment and a factory construction construction work, which is proceeding with the loan of KRW 20 million to the victim G in the first floor of the H of the 1st floor of the building of Busan BY-gu, Busan around May 25, 201.

" and made a false statement."

However, in fact, the defendant did not have any authority over the construction right of new apartment and factory construction.

The Defendant received 20 million won in cash from the injured party under the pretext of borrowing money.

Accordingly, the defendant was given property from the victim by deceiving the victim.

[2016 Highest 6392]

2. On February 9, 2012, the Defendant’s fraud against the Victim K will give a subcontract to the Victim K for a new construction project in the Non-Comprehensive Construction Office located in the Seocho-gu Busan Metropolitan City, Jung-gu, Seoul, to the victim K, “A subcontract for a new construction project in the Republic of Korea, which is located in the Sink-gun L under the pretext of advance payment.

“.....”

However, in fact M is an enterprise with no substance, and the defendant did not have the intent or ability to subcontract the new construction work to the victim.

The defendant deceivings the victim as above and received KRW 30 million from the victim to the Agricultural Cooperative Account in the name of N on the same day and acquired it by fraud.

3. On July 2014, the Defendant said that “Around the same day, the Defendant: (a) at the Q office located in the Busan Eastdong-gu P, Busan, said QU, the victim O said that “Around July 2014, the Defendant would have to perform the said construction work, referring to KRW 3 million, because he would have leased KRW 3 million.”

However, as the defendant did not have any other property or income, the defendant did not have the intention or ability to repay the borrowed money, and there was no intention to do the above interior work.

The defendant is the victim as above.