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(영문) 인천지방법원 2017.02.17 2016고단2937
사기
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

On January 29, 2016, the Defendant was sentenced to the suspension of the execution of imprisonment with prison labor for five months in the court due to fraud, etc., and the judgment on February 6, 2016 became final and conclusive.

At around 12:00 on October 30, 2014, Defendant 2016, Defendant 2937, at C Co., Ltd. office located in Guro-gu Seoul, Guro-gu, Seoul, the victim D is constructing neighborhood living facilities in Chungcheongnam-Gun E.

It is necessary to borrow 20,000,000 won to obtain the above construction permit and loan. The loan will be paid up to December 25, 2014.

“The phrase “ was false.”

However, in fact, the Defendant was unable to normally proceed with the business in the state of failure to pay the land price to the land owners at the above new construction site. However, the Defendant did not have the intent and ability to repay the money even if it borrowed money from the damaged party because it is not good to the extent that the economic situation was not sufficient to repay 20 million won borrowed from F around May 2013.

The defendant deceivings the victim as above, and thereby, he was transferred KRW 20 million to the account of the National Bank in the name of the defendant's father G with his father.

In the office located in Ansan-si around December 16, 2013, Defendant 2016, Defendant 3284, committed as if the victim H was the representative director of Defendant I Co., Ltd., and “the construction of neighboring living facilities in Chungcheongnam-gun E is being done.”

If necessary for the above construction works, it may be commenced within one month.

It is desirable to conclude a subcontract for the whole construction of the rest facility on the face of a week by lending the design cost of KRW 10 million.

“A false representation was made.”

However, in fact, the Defendant was unable to normally carry out the business in the state of failure to pay the land price to the landowners at the above new construction site. However, the Defendant was unable to pay the F around May 2013, and there was no intention or ability to pay the money, even if it was borrowed from the damaged party due to the lack of economic situation to the extent that it was not sufficient to pay the 20 million won borrowed from F.

The defendant as above.

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