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(영문) 대구지방법원 2019.06.04 2018고정541
사기
Text

Defendant

A shall be punished by a fine for negligence of 300,000 won and by a fine of 7,00,000 won, respectively.

The above fines are imposed by the Defendants.

Reasons

Punishment of the crime

1. Defendant A

A. On June 15, 2016, the Defendant, who committed the crime on June 15, 2016, phoneed the victim C with the phone in French, and “Around June 15, 2016, the Defendant made a false statement that he would receive progress payment if he/she borrowed KRW 600,000,000 from his/her house.”

However, the defendant did not have any intention or ability to pay the victim's money after receiving progress payment, because there was no specific income from the construction that was in progress.

The Defendant, by deceiving the victim as above, received 600,000 won from the victim’s account under the name of the Defendant (E) on the same day.

B. On August 17, 2016, the Defendant, who committed the crime of August 17, 2016, called false statement to the victim, stating, “If the Defendant borrowed KRW 500,000 as he/she had no cost of internal use, he/she would receive the progress payment along with the borrowed money prior to the lending of KRW 500,00.”

However, the defendant did not have any intention or ability to pay the victim's money after receiving progress payment, because there was no specific income from the construction that was in progress.

The Defendant, by deceiving the victim as above, received KRW 500,00 from the victim to the said D account on the same day.

2. Defendant B, around January 25, 2016, at the office of (ju) G located in Seo-gu, Seo-gu, Seo-gu, Seo-gu, Seo-gu, in order to promote Cheongsan Development Project, etc., in order to purchase the company’s specialized construction business license of “H” in Yangyang-do,” in terms of H’s development right. Moreover, Defendant B made an investment that would bring about KRW 20 million of the total profits if he/she invests KRW 30 million of the revenues because it entered into a contract to recover stones in tinsan and supply them to I, thereby raising the profits of KRW 10 million of the revenues. The Defendant made a false statement to the effect that “G will first send KRW 25 million of the revenues if it invests in the amount of KRW 200 million of the revenues.” First of all, as the expenses to promote the project are insufficient, the Defendant sent KRW 25 million first.”

However, the defendant is obligated to pay personal debts to the bad credit holder at the time.

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