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(영문) 수원지방법원 2015.08.07 2013고단5223
사기
Text

Defendant shall be punished by a fine of KRW 30,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

[criminal power] On October 25, 2012, the Defendant was sentenced to two years of suspension of the execution of imprisonment with prison labor for fraud at the Suwon District Court on August 25, 2012, and the said judgment became final and conclusive on December 26, 2013.

[Criminal facts] Around August 28, 2009, the Defendant stated that “If it is difficult to raise business funds and 100 million won are lent, it would receive the electrical construction proceeds of D Building and complete payment up to December 28, 2009,” the Defendant made a false statement to the victim C.

However, at the time, the Defendant was unable to obtain a loan from a financial institution due to the repayment of the above construction cost or the transfer of a part of the commercial building due to the payment for the construction cost, and there was no other means to repay the loan. Therefore, even if the Defendant borrowed the loan from the victim, the Defendant did not have the intent and ability

Nevertheless, the Defendant, by deceiving the victim as above, received KRW 100 million from the victim.

In addition, the Defendant, as indicated in the list of crimes in the attached Form, deceivingd the victim seven times in total from August 28, 2009 to July 1, 201, and obtained a total of KRW 180 million from the victim and acquired it by deception.

[2013 Highest 5329 Criminal facts] The Defendant stated that, around 18:00 on August 5, 2011, the second floor of the Franchi-gu Franchi-si Franchi-si E, “A business is conducted after purchasing the first floor of the building underground of Pyeongtaek-si D,” and that, among the down payment of KRW 200 million, KRW 150 million has already been paid and KRW 50 million has been required. The market price of the above commercial building is KRW 6.3 billion, and 1/3 of the share of the commercial building is owned by the owner of 50 million, the Defendant stated that, if he/she lends KRW 50 million, he/she will fully pay the interest and principal within one week.”

However, the facts are that the defendant received money from the victim and intended to use it for the repayment of his/her personal debt, and the defendant did not have owned 1/3 of the above commercial shares.

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