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(영문) 제주지방법원 2020.01.08 2017고단3367
사기
Text

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

Reasons

Punishment of the crime

around May 1, 2015, the Defendant made a false statement that “The 40 tons of the sn beamline is to purchase all 40 tons of the sn beam,” and that “the sn beam will not use the sn beam line before paying the price,” to the victim B, who received contact from the victim B, “the 40 tons of the sn beam beam line with the 40 tons of the sn beam line,” and to the victim, “the sn beam will purchase all 40 tons of the sn beam.”

However, the Defendant had the intent to use the sn beam beam without the victim’s permission for the construction of a warehouse that was under construction in Namyang-si, Namyang-si, and there was no intention or ability to pay the price even if the sn beam beam was received from the victim, as such, even if the Defendant’s property is under auction with a debt of approximately KRW 400 million.

As above, the Defendant, by deceiving the victim, obtained from the victim the 14 million won of the market value on the same day and acquired the H beamline from the victim.

around April 27, 2013, the Defendant stated that “F office” operated by the victim E in Seongdong-gu Seoul Metropolitan Government, which is operated by the victim E, shall be repaid three months after lending KRW 10 million to the victim for construction cost.”

However, around that time, the Defendant paid a maximum of KRW 500,000 on one month only with an interest of KRW 400,000,000, and even if he/she borrowed money from the victim due to a very good financial circumstance, such as default of taxes, etc., he/she did not have any intent or ability to repay the amount.

Nevertheless, the Defendant made a false statement as above, and received 10 million won from the victim as the borrowed money on the same day and acquired it by the defrauded.

around March 7, 2015, the Defendant operates a private business entity and a J (J) corporation, i.e., victims of the victim’s land in Namyang-si, Namyang-si, the victim’s G on March 7, 2015.

b) Four parcels, such as H, shall be located within three months from the time when the construction of the bate test is entrusted.

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