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(영문) 수원지방법원 2015.12.16 2015고단3476
사기
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On October 2010, the Defendant entered into an order for the construction contract for apartment housing construction at the office of 'E' located in Gyeongdong-gun, Gyeongdong-gun, Gyeongdong-gun, and the victim F, “A person who is known in the Republic of Korea was constructing approximately 90% of the apartment with 1,00 households due to his/her failure to construct the apartment, and would allow him/her to enter into a contract for the construction work for the construction work at that site. On the other hand, the Defendant may receive an advance payment of KRW 500 million immediately. However, in order to perform the above work, the Defendant would first receive KRW 18 million from his/her relocation, and would have him/her repaid the money until the end of his/her lease of the money.”

However, in fact, the defendant did not have the intent or ability to give the victim the above contract for the creative construction work, and there was a serious economic difficulty due to personal debt of 300 million won or more at the time, so even if he borrowed the above money from the victim, he did not have the intent or ability to pay it.

On October 22, 2010, the Defendant received 18 million won from the victim to the corporate bank account in the name of G, a female living together with the Defendant, from the victim, and acquired it by fraud.

2. On November 201, 2010, the Defendant, in the name of the registration cost, made a false statement to the victim F, “I will receive a loan from the victim F in excess of one piece of land. However, first of all, if I want to borrow 2.7 million won of the registration cost, I will receive a loan and repay it in a lump sum.”

However, there was no fact that the defendant intended to purchase the land, and even if he borrowed the money from the victim to use the money for personal expenses at the time, there was no intention or ability to repay it.

On November 8, 2010, the Defendant received 2.7 million won from the victim to the corporate bank account in the name of G to the corporate bank account in the name of G and acquired it by fraud.

3. Paragraph 1 is the same as paragraph 1, which was used as entertainment expenses by a bank loan manager, to a police officer on November 2010.

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