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(영문) 전주지방법원 군산지원 2014.09.17 2014고단666
사기
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.

Reasons

Punishment of the crime

1. The defendant from June 2007 to June 2007

7. From the office of the limited liability company D in the Hasan-si, Hasan-si to the first patrolman, the victim E was awarded a new contract for G construction in the Seoul-si F, and in order to pass the examination of qualifications, the victim E was required to pay the close tax, and the 42 million won will be repaid within one month if he/she lent the 42 million won.

However, at the time of the fact, the Defendant had approximately KRW 185 million as personal debt, and KRW 150 million as to the Electric Construction Financial Cooperative, and KRW 150 million as to the obligation to the Electric Construction Financial Cooperative. Since the Defendant was liable for a large number of bills at discount, even if he borrowed money, there was no intention or ability to repay it within a month.

The Defendant received cash KRW 42 million from the victim on July 8, 2007 as the payment of delinquent taxes from the above D office around July 8, 2007.

Accordingly, the defendant deceivings the victim, thereby deceiving 42 million won.

2. On July 2007, the Defendant made a false statement with the victim at the above D office stating that “The Defendant will complete the construction project after receiving a subcontract for a new construction project, and will pay 70% of the construction cost at 30% of the construction cost in 2005, the unpaid amount of KRW 13,820,000, and H-paid wage of KRW 18,000,000.”

However, at the time, at the time, the Defendant had approximately KRW 185 million of personal debt, and KRW 150 million of debt owed to the Electric Construction Financial Cooperative, and was liable for multiple bills at the discount of notes, and thus, there was no intention or ability to pay the construction cost exceeding KRW 70% of the amount promised to the victim even if he received G construction payment.

The Defendant paid KRW 159,96,00 out of the construction amount and promised to pay to the victim the remainder of the construction amount, even though the victim completed all the subcontracted construction works from July 8, 2007 to April 16, 2008.

Accordingly, the defendant deceivings the victim, and thereby, KRW 121,662,604.

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