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(영문) 대전지방법원천안지원 2020.08.10 2019고단1864
사기
Text

A defendant shall be punished by imprisonment for not more than ten months.

Reasons

Punishment of the crime

On July 23, 2019, the Defendant was charged with non-detained with the injury resulting from the death or injury resulting from the death or injury resulting from the present building in the Daejeon District Court, and sentenced to five years of suspension of execution for three years, and the above judgment became final and conclusive on September 26, 2019.

1. Fraud against the victim B;

A. On January 2018, the defrauded made a false statement that “Around January 2018, the Defendant would receive a balance certificate from the D Real Estate Office located in Mapo-gu, Ansan-gu, Ansan-si, and from the victim B, the Defendant subcontracted the work to dismantle the pumps of F factories newly built in Pyeongtaek-gu, and the number of persons required to be at least 20 to 30 persons, so the Defendant would be in charge of the contract.” If the Defendant borrowed the deposit to be produced by balance certificate and the personnel expenses to be paid during the course of the construction, the Defendant would receive a balance certificate and pay the progress payment.”

However, in fact, the Defendant did not receive a balance certificate because he did not receive a subcontract for the dismantling of the F plant, and the Defendant did not have any capacity or intent to repay the money borrowed from the victim since the mid-2017, the dismantling of the pumps in the construction site that the Defendant had been doing so was operating at least 10,000 won every month after the mid-2017.

Nevertheless, the Defendant, by deceiving the victim, received KRW 58,750,000, including KRW 9,500,000 from the victim on January 11, 2018, and KRW 49,250,000, around January 25, 2018, from the victim, to the G Union account in the name of the Defendant.

B. Around March 2018, the Defendant made a false statement to the effect that “Around March 2018, the Defendant would repay the amount of KRW 30,000,000 to a business entity that has given a contract for the construction of another parking lot in Pyeongtaek E, and that has given a contract for the construction of the construction.”

However, the facts do not require proof of balance as above, and the defendant did not have the ability or intent to pay the money borrowed from the victim.

Nevertheless, such deception by deceiving the victim, and its deceiving on March 19, 2018 from the victim.

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