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(영문) 대구지방법원 서부지원 2016.12.23 2016고단1983
사기
Text

A defendant shall be punished by imprisonment for two years.

Reasons

Punishment of the crime

On October 7, 2015, the Defendant was sentenced to a suspension of the execution of four months of imprisonment for fraud in the Suwon District Court's Ansan Branch on October 7, 2015 and the judgment became final and conclusive on October 15, 2015.

"2016 Highest 1983"

1. On December 2, 2014, the Defendant against the victim C expressed to the effect that “E” (the age of 55) in the “E” office located in Daegu-gu, Daegu-gu, Daegu-gu, intended to build a new factory in the Gyeongcheon-si, Gyeongcheon-si, Gyeongcheon-si, the ownership of the victim. Construction costs have already been incurred and has been prepared by the bank with loans from the bank, and the site cost is required at the site. B) the F factory construction will take place at the site.”

However, in fact, the Defendant did not receive a loan from a bank, did not have the intent or ability to execute the F plant construction work, and even if the Defendant received the above money from the victim, it was thought that it will be used to repay the personal debt.

On December 12, 2014, the Defendant: (a) by deceiving the victim; (b) directly delivered KRW 2 million in cash from the victim; (c) transferred KRW 38 million on the same day to the Defendant’s account; (d) obtained KRW 10 million from the G account in the name of G on December 18, 2014; and (c) obtained KRW 3 million in cash in the aggregate in around 2015.

2. Fraud against victim H;

A. On December 31, 2014, the Defendant related to the new construction works may proceed with the construction of a new factory with the money if he/she was granted a loan to the victim H as collateral for a factory site located in Gyeongcheon Kim-si, who is owned by B. At the I branch of a corporate bank, the loan is immediately made at the time when the loan of factory facility fund is finalized and the technology evaluation and business feasibility evaluation is conducted. The loan is made at the time when the loan is conducted at the I branch of the corporate bank, and on July 31, 2015, the trusted victim and the construction period at the K office of the Daejeon Sung-gu J and 501, Inc., Ltd., the victim’s management around Daejeon, J, and 501, the period of construction from August 10, 2015 to February 28, 2016, and the construction amount is equivalent to 3.190 million won.

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