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(영문) 전주지방법원 2015.11.19 2015고단1370

사기

Text

As to the crimes set forth in Article 1 of the judgment of the defendant, imprisonment with prison labor for four months and the crimes set forth in Articles 2 and 3 of the judgment shall be sentenced to six months.

Reasons

Criminal facts

[Criminal Power] On September 19, 2008, the defendant was sentenced to a suspended sentence of two years for one year for fraud at the Daejeon District Court.

9.27. The judgment became final and conclusive.

【Criminal Facts】

1. On March 12, 2008, the Defendant, at the victim D’s house located in Geumcheon-gu Seoul Special Metropolitan City, Seoul Special Metropolitan City on March 12, 2008, borrowed money due to the absence of any contract for construction, and even if he/she borrowed money, he/she did not have the intent or ability to complete the construction, the Defendant did not have the intent or ability to complete the construction. The Defendant, “I will receive the payment for completed portion within a week from the Government of Gyeonggi-do, and will receive the payment for completed portion from the Government of Gyeonggi-do.” The Defendant, who received 20 million won from the victim for the borrowed amount

2. On July 2, 2010, the Defendant: (a) at the F restaurant located in Chungcheongnam-si, Chungcheongnam-si; (b) even if he/she borrowed money from the victim G, he/she did not have any intent or ability to repay it; and (c) did not think that the borrowed amount would be used for provisional attachment or appraisal expenses, etc., the Defendant: (a) stated that “it is a case of construction work, and loans to the construction work, and there is no money for that period; (b) it is necessary to lend money; (c) provisional attachment expenses and appraisal expenses; and (d) obtained money from the victim for the borrowed amount; and (e) around July 2, 201, around April 13, 2011, KRW 1.5 million from April 18, 2011, and KRW 400,000,000 from the victim for the borrowed amount.

3. On December 7, 2011, the Defendant: (a) did not have any intent or ability to have the victim H’s office located in Seongbuk-gu, Seongbuk-gu; and (b) did not have any intent or capacity to have the sect new construction work ordered; (c) stated that the Defendant borrowed money necessary for the sect construction work in size of 3 billion Won, which is currently conducted in Seosan-si, Inc.; and (d) received 6.8 million won from the victim to the Agricultural Bank account in the name of the Defendant under the name of the Defendant.