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(영문) 대전지방법원 2017.09.05 2017고단1458
사기
Text

A defendant shall be punished by imprisonment for not more than ten months.

Reasons

Punishment of the crime

1. On January 14, 2014, the Defendant “2017 Highest 1458” calls to the victim D at the construction site of the Dongsan-gu Busan-gu Gyeonggi-si, Gyeonggi-gu, Gyeonggi-do, and the Sinsan-gu, Seoul-si, and settled the daily allowances of the trees with 10% of the commission after receiving the construction expenses.

The phrase “ makes a false statement.”

However, in fact, the Defendant did not pay the money borrowed from the injured party as daily allowances, but intended to use it for personal purposes, such as repayment of debts to Hyundai Capital, living expenses, etc., so even if the construction cost is paid, there was no intention or ability to change it to the injured party.

Nevertheless, the Defendant acquired the total amount of KRW 1,350,00 on the same day from the injured party, KRW 1,576,00 on January 17, 2014, KRW 1,064,00 on January 25, 2014, KRW 1,064,00 on January 29, 2014, and KRW 1,596,00 on January 29, 2014, and KRW 5,586,00 on the same day.

2. The Defendant, around November 16, 2013, at the “F office” operated by the Defendant in the Nam-gu Incheon Metropolitan City E and the third floor around November 16, 2013, “F office” was entrusted to the victim G with construction work at the construction site of the Gyeonggi-si Incheon Metropolitan City and the construction site of the Incheon-do reinforcement.

It is necessary to pay 10% of the fee after receiving the construction cost on the basis of the pre-payment of the daily allowance for the person who is invested in the construction work.

The phrase “ makes a false statement.”

However, in fact, the defendant did not pay most of the money that he received from the injured party as daily allowances, and was planned to use it for personal purposes, such as repayment of debts, living expenses, etc., so even if he received construction expenses, he did not have the intention or ability to change it.

Nevertheless, the Defendant received 927,000 won as the daily advance payment for the same day from the injured party.

After all, the Defendant received a total of KRW 36,153,00 from the damaged person on 39 occasions, such as the list of crimes, from December 31, 2013.

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