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(영문) 대구지방법원 포항지원 2018.08.09 2018고단519
사기
Text

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

Reasons

Punishment of the crime

The defendant served as the president of the reconstruction and consolidation project association of North-gu Seoul apartment house from around 1998 to April 2005.

The Defendant, at the FF office of the victim E management of the Nam-gu Seoul Metropolitan Government D 103 410 Dong-gu, Ulsan Metropolitan City around December 2, 2014, ordered the victim to perform the removal construction work equivalent to KRW 1.7 billion of the construction cost.

It will be repaid by the end of April 2015 when it lends 50 million won of operating expenses of the partnership.

The phrase “ makes a false statement.”

However, since 2005, the Defendant did not have the authority to conclude a construction contract with the victim because he did not have the president of the reconstruction association. The Defendant thought that he would use the borrowed money from the victim due to the lack of certain profits for the cost of living. Since he was sentenced to imprisonment with prison labor for fraud, there was no intention or ability to repay even if he borrowed money from the victim.

The Defendant received five copies of KRW 10 million check from the injured party, i.e., KRW 10 million from the seat to May 7, 2015, and received KRW 171 million in total from the injured party in the same manner as the written list of crimes in the attached Form from around that time.

Accordingly, the defendant was given property by deceiving the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to E, G, and H;

1. Application of Acts and subordinate statutes to provisional contracts, respective borrowing certificates, and respective copies of checks;

1. Article 347 (1) of the Criminal Act by universal title with respect to the facts constituting an offense;

1. The fact that the crime was extremely poor in light of the contents of the crime committed by deceiving the large amount of money up to KRW 171 million, which was discharged from the president of the reconstruction association, even though it was dismissed from the president of the association of reconstruction association, and that the damage was not completely recovered, and there was a record of being punished for the suspension of execution or sentence for four times due to the same crime of the similar veterinary act.

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