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(영문) 대구지방법원 서부지원 2017.10.19 2017고단257
사기
Text

Defendant

A Imprisonment for one year, and each of the defendants B shall be punished by a fine of KRW 5,00,000.

Defendant

B The above fine shall not be paid.

Reasons

Punishment of the crime

On December 17, 2013, the Defendant was sentenced to imprisonment with prison labor for a crime, etc. on March 14, 2015 in the Daegu District Court’s support, and the judgment became final and conclusive on March 14, 2015.

[Criminal Facts] The Defendant, as a constructor, did not have any construction work that was in progress since June 2009, and even if a person with bad credit standing borrows money from another person without any income, he/she did not have the ability to repay the money.

1. On June 3, 2010, the Defendant against the victim E concluded a subcontract for site creation in G Construction Office located in Yeongdeungpo-gu Seoul Metropolitan Government, Yeongdeungpo-gu, Seoul, for the benefit of the victim E and Gwangju-si, for the housing site creation project, the Defendant made a false statement to the effect that “The Defendant borrowed KRW 200, 40, and 20,000,000,000,000,000,000,000,000,000,000.”

However, in fact, the Korea Housing Site Development Corporation failed to obtain permission, and it was impossible to subcontract to the victim due to the absence of land purchase, so even if the defendant received the above KRW 20 million from the injured party, he did not intend to use it for the commencement of construction of the site.

Defendant deceiving the victim as above and transferred KRW 20 million to the new bank account (J) in the name of the Defendant, who is an employee of the Defendant, from the victim. On June 19, 2010, by deceiving the victim through the above method, and deceiving the victim, and then deceiving the victim to the new bank account in the above I’s name in terms of the purchase cost of office fixtures from the victim, the Defendant received KRW 10 million in total from the victim to the new bank account in the above I’s name in terms of the purchase cost of office fixtures.

2. Fraud to K of a victim;

A. On March 2, 2010, the Defendant would pay the construction cost to the victim at the above G construction office located in Yeongdeungpo-gu Seoul Metropolitan Government F, as the victim completed the principal installation of the office attached to the house and the book room, etc.

“The purpose of “ was to make a false statement.”

However, the defendant's construction cost even if the injured party completes the construction work in excess of his/her obligation.

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