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(영문) 울산지방법원 2015.01.15 2014고정901

사기

Text

Defendant shall be punished by a fine of KRW 3,000,000.

If the defendant does not pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

The defendant is the representative director of Corporation D in Bupyeong-gu Incheon Metropolitan City.

On March 13, 2009, the Defendant told the victim E that “If the construction capital of the newly built Incheon C Commercial Building is lent, the Defendant will grant the right to use the interior of the commercial building and pay the borrowed money within one month.”

However, at the time, the Defendant had already entered into a contract with F Co., Ltd. on September 2007 while carrying out the construction of the above C Commercial Building. Thus, the Defendant did not have the intent or ability to perform the said tegrative construction. On January 2009, the Defendant did not have any intent or ability to repay the said tegrative construction even if he borrowed the money from the victim because it is difficult to finance due to the failure to repay the said tegrative construction due to the difficulties in the repayment of

Ultimately, the Defendant, as above, by deceiving the victim as above, obtained a total of KRW 35 million from the victim and KRW 20 million from the date of October 2009, and acquired KRW 55 million from the victim.

Summary of Evidence

1. Each legal statement of witness E and G;

1. An agreement on cash loan for consumption;

1. The application of Acts and subordinate statutes of each written agreement of interior works;

1. Relevant Article 347 (1) of the Criminal Act and Article 347 (1) of the Criminal Act concerning the crime and the choice of punishment;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;