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(영문) 대구지방법원 서부지원 2019.08.29 2017고단3255
사기
Text

A defendant shall be punished by imprisonment for not less than eight months.

The defendant, with the money obtained by deception, 18,920,000 won to B who is an applicant for compensation, and 9,000.

Reasons

Punishment of the crime

Around February 2, 2015, the Defendant made a false statement to the effect that “F” victim B, who is a successor to a university, purchased materials to perform construction works, and borrowed money that requires the payment to his/her husband to complete construction works, and paid to his/her husband if he/she completed the construction works.”

However, in fact, the Defendant did not have any special property or income at the time, and did not pay the mobile phone charges of KRW 20,000,000 to others, and even if having received the construction payment, it was difficult to cover the cost of living, and was thought to use the money received from the victim as living expenses, etc., so even if he borrowed the money from the victim B, the Defendant did not have any intent or ability to repay the money.

Nevertheless, the Defendant received KRW 2,00,000 from the victim B to the agricultural bank account under the name of the Defendant, as well as transferred from August 19, 2015 to August 17, 2015 the sum of KRW 2,092,00,000 from the victim B and the victim D in total under the name of borrowed money, such as the list of crimes in the attached list of crimes, was remitted to the account in the name of the Defendant.

"2018 Highest 607"

1. On July 2016, the Defendant, without a separate trade name, made a false statement to the effect that “H” office in the “H” office of the victim’s operation “H” located in Nam-gu Daegu-gu, Daegu-gu, would have to complete interior works without any problem of subcontracting.”

However, in fact, the defendant thought that he will be used individually by receiving the payment of the work price from the victim, and because the person's wage at the construction site is not paid properly, it is normal to test even if he is paid the work price by the victim.

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