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(영문) 수원지방법원 평택지원 2016.10.13 2016고단1453

사기

Text

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

Reasons

Punishment of the crime

[criminal power] On July 7, 2016, the Defendant was sentenced to imprisonment with prison labor for a crime of fraud at the Suwon District Court members, and withdrawn an appeal, and the said judgment became final and conclusive on September 12, 2016.

【Criminal Facts】

1. On September 13, 2009, the Defendant, against the victim C, told the victim C to “the cost for performing the construction works to be entrusted through a person who newly constructs another canal wells by purchasing 52 parcels outside the water zone D,” at a coffee store where it is impossible to know the trade name in Pyeongtaek-si, Pyeongtaek-si.” The Defendant introduced the victim E to implement another canal wells around that time.

However, in fact, it was unclear whether the above E is able to actually implement another canal system, and only part of the money received from the victim to E is delivered to E and the remainder is a plan for consumption by the defendant, and there was no intention or ability to commission the work to the victim even if it is delivered money under the above name.

Nevertheless, on September 15, 2009, the Defendant received three million won from the victim to the F’s account on September 15, 2009, and 20 million won from the said account on the 18th day of the same month, respectively, and received KRW 32 million in total on the 25th day of the same month.

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

2. Fraud against victim G;

A. On December 24, 2010, the defrauded concluded that “If the consulting office for the operation of the Defendant was located in Ansan-si on December 24, 2010, the Defendant borrowed 20 million won of the construction work of the present logistics warehouse and manufacturing factory building to the victim G, the Defendant would obtain a loan on the land at the new construction site as security and return it on January 201, 201.”

However, even if the defendant received money from the victim, he has no intention or ability to take charge of the contracting work, and there was no intention or ability to return the borrowed money to the victim.

Nevertheless, the defendant is in the name of F on the same day from the victim.