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(영문) 창원지방법원 밀양지원 2017.11.30 2017고단65

사기등

Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

The Defendant, “2017 Highest 65,” was the victim C (V, 46 years of age) and the elementary school house, and the Defendant did not communicate with the victim after the graduation of the elementary school. On September 2015, 2015, the Defendant re-convened through the Internet Internet Band group.

1. Fraud;

A. On October 2015, the Defendant: (a) was awarded a subcontract for the removal work performed by LH at the Sejong City (LH); and (b) was placed 60 million won as construction deposit with a large amount of construction cost exceeding 12 billion won.

In order to implement the construction project, it was false that the construction project would receive the advance payment from the construction project after two months if it is necessary to lend the amount of KRW 30 million with the construction project reserve and pay the interest amount of KRW 6 million.

However, in fact, the defendant did not have been awarded a contract for the removal of D at Sejong City, and even if he borrowed money from the injured party, he did not have the intent or ability to repay the borrowed money at the time of promise.

Around November 4, 2015, the Defendant deceiving the victim as above and transferred KRW 22 million to the Agricultural Cooperative Account (E) in the name of the Defendant’s name from November 4, 2015.

B. On December 2015, the Defendant made a false statement to the victim by telephone at an irregular place, stating that “If the construction cost is additionally lent KRW 20 million to the victim, the Defendant would make payment after one month with the borrowed money prior to Sejong City, if the advance payment for D Corporation was made.”

However, in fact, the defendant did not have been awarded a contract for the removal of D at Sejong City, and even if he borrowed money from the injured party, he did not have the intent or ability to repay the borrowed money at the time of promise.

Around December 16, 2015, the Defendant: (a) by deceiving the victim; and (b) transferred KRW 20 million to the Agricultural Cooperative Account (E) in the name of the Defendant; (c) around December 16, 2015.

Accordingly, the defendant was given a total of KRW 42 million by deceiving the victim.

2. On May 18, 2016, the Defendant was in dispute with the victim as a matter of debt repayment under the above-mentioned 1 near the F construction site near the fast-si F.