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(영문) 대구지방법원 경주지원 2015.03.04 2013고단548
사기등
Text

A defendant shall be punished by imprisonment for one year.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

(e).

Reasons

Punishment of the crime

On January 14, 2010, the Defendant was sentenced to two years of suspension of the execution of imprisonment for fraud in the Daegu District Court Port Branch of the Daegu District Court for the purpose of fraud, and the judgment became final and conclusive on January 22, 2010.

Around July 17, 2008, the Defendant concluded a false statement that “A construction contract was entered into with respect to I animal and plant-related construction works scheduled to be newly constructed at H in the Gyeong-si, Gyeong-si, Gyeong-si, Gyeong-si, Gyeong-si,” and that “B will give a subcontract for reinforced concrete construction works and some appurtenant works during the construction work, if it is urgently needed.” Moreover, for KRW 100 million borrowed after receiving construction orders, the Defendant concluded a false statement to the victim G, stating that “B will perform the construction works without molding up to December 5, 2008.”

However, in fact, around January 31, 2008, the International Plant Infrastructure Construction Corporation, where the Defendant entered into a contract for construction works with K Construction Co., Ltd., and the Defendant did not have the ability to pay the said contract to the victim. Since the Defendant borrowed KRW 130 million from L around June 2, 2008, around June 12, 2008, KRW 100 million from M to demand the payment of the said construction works, and there was no special income from the property at the time, there was no intention or ability to pay the money borrowed to the victim.

Nevertheless, the Defendant, as above, deceiving the victim and deceiving it from the victim, 100 million won around July 17, 2008, and 100 million won from the victim.

8.7.Around July, 2000 won received each remittance of 20 million won to a deposit account under the name of the defendant and acquired it by fraud.

On May 7, 2009, the Defendant stated that “Around July 2009, the Defendant would make a subcontract for the said construction work” to the victim O at his own office located in Daegu-gu N, Daegu-gu, that “A contract for construction is the representative of P Construction, which was entered into with respect to the new construction of I animal and plant-related facilities. If the Defendant lends KRW 15 million to the Corporation, the Defendant would make a subcontract for the said construction work.”

However, the above facts are animal and plant-related facilities.

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