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(영문) 인천지방법원 2017.09.22 2017고단2165
사기
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

1. On September 10, 201, the Defendant: (a) before the “D Hospital” located in Seo-gu Incheon Metropolitan City, the Victim E was assigned to F with KRW 720 million,000,000,000,000,000 in urban-type residential housing complex construction works; (b) the Defendant may not enter into a contract with the contractor without any type of license; (c) the Defendant is required to obtain a type of license; (d) the Defendant will take civil construction works worth KRW 537,00,000,000 on the loan; and (e) 20% on the advance payment, if inserted in the original office; and (e) the Defendant would have paid KRW 20,000,000 in advance.

“.....”

However, in fact, even if the Defendant borrowed KRW 20 million from the damaged party, it was thought that it will be used to pay personal debt rather than to use it for the purchase cost of the type license, and the trust loan contract related to the new construction project was not concluded, as well as the situation where the construction project was not permitted, there was no intention or ability to reduce civil construction works equivalent to KRW 20 million by receiving advance payment from the original office, or the victim did not have any intention or ability to pay KRW 537 million to the injured party.

Nevertheless, the Defendant: (a) by deceiving the victim as above and by deceiving the victim from the victim to the Cit Bank account under the name of the Defendant on September 23, 201; and (b) acquired KRW 10 million on October 1, 201 from the victim to the Cit Bank account under the name of the Defendant; and (c) acquired KRW 10 million on or around October 1, 201.

2. On September 201, 201, the Defendant should remove the building at the F new construction site at a place where the end of the end of the year, and immediately pay the victim an advance payment from the original office if the removal cost is insufficient, and only KRW 10 million is lent.

“.....”

However, even if the Defendant borrowed KRW 10 million from the injured party, it was thought that the Defendant would use it as the cost of removing the building, not as the cost of removing the building, but as stated in paragraph 1, it would have been used to pay the personal debt. The Defendant would pay KRW 10 million to the injured party with advance payment from the contractor or reduce civil construction works equivalent to KRW 537 million to KRW 537 million.

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