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(영문) 창원지방법원 진주지원 2014.12.18 2014고합56
특정경제범죄가중처벌등에관한법률위반(사기)등
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

Of the facts charged in the instant case, the amount of damage inflicted on the victim C on January 25, 2013.

Reasons

Punishment of the crime

[2014Gohap56]

1. On October 16, 2012, the criminal defendant against the victim C made a false statement to the victim C that “I will pay back money within a short-term period if I would lend money due to the shortage of the construction cost of the Party C to the Fund. I would like to say that “I will do construction work on the site of approximately 5,500 square meters in Jinho-gun D, Chang-gun, and will further be construction work on the 12,000 square meters in the future. I would like to pay back money.”

However, in fact, the Defendant did not have any particular property and did not properly proceed with the Korea Housing Corporation, and there was a growing number of obligations to pay labor expenses, etc., so even if he borrowed money from the victim, the Defendant did not have any intent or ability to pay it.

The Defendant received KRW 20 million from the victim to the Suhyup account in the name of the Defendant on the same day.

The Defendant received a total of KRW 313,846,50 from the victim over 22 occasions as shown in the attached Table 1 in the crime sight table as above.

2. On February 2013, 2013, the Defendant made a false statement to the victim E, who became aware of the size of a sunken area through paragraph 1 C, at a restaurant located in the Geum-si, Jinju-si, the Defendant: (a) stated that “If the victim E is engaged in construction works on the size of a sunken area, and the meeting of funds is not well good, the Defendant would pay KRW 650,000 per month interest; and (b) the principal would be repaid at any time at the expense of the principal.”

However, in fact, the Defendant did not have any particular property and did not properly proceed with the Korea Housing Corporation, and there was a growing number of obligations to pay labor expenses, etc., so even if he borrowed money from the victim, the Defendant did not have any intent or ability to pay it.

On February 20, 2013, the Defendant received KRW 20 million from the victim to the Suhyup account under the name of the Defendant.

3. On April 11, 2013, the Defendant against the victim F was guilty.

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