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(영문) 대구지방법원 서부지원 2016.07.07 2015고합151
특정경제범죄가중처벌등에관한법률위반(사기)등
Text

A defendant shall be punished by imprisonment for five years.

Reasons

Punishment of the crime

"2015 Gohap 151"

1. On October 14, 2008, the Defendant, at the victim F’s office located in Daegu Dong-gu, Daegu-gu, Seoul-gu, (a) around October 14, 2008, the Defendant is expected to repay the amount to the victim up to the end of each year, by lending KRW 100 million as it is necessary to dispose of the building with a failure to invest in stocks at home.

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

However, the defendant thought that he would receive money from the victim to use it for gambling, so there was no intention or ability to repay the money even if he borrowed money from the victim.

Nevertheless, the Defendant, by deceiving the victim, was transferred KRW 100 million to the Daegu Bank Account (G) in the name of the suspect on the same day from the victim.

2. On March 12, 2009, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) was at the above H office on March 12, 2009, and the victim F was planned to engage in the secondary construction of the penta-type apartment, a super high-rise complex, in front of the Acheon Inansan Station, and through I, the victim F is awarded a subcontract for civil engineering work by paying to the related parties, such as the construction of the private airport in charge.

It shall be paid with KRW 100,000,000,000,000,000,000,000,000.

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

However, as the construction was not carried out due to the change of design, etc., the above pentart 2 was not entitled to subcontract due to the lack of construction licenses, etc., and the defendant thought that he would use the money received from the injured as gambling funds and personal loan, etc., so even if he received the money from the injured party, he did not have the intention or ability to use it as the cost of subcontracted construction related to the pentart 2nd project.

Nevertheless, the Defendant, as such, deceiving the victim, received KRW 100 million from the victim to the Daegu bank account under the name of the said Defendant on the same day, and received KRW 100 million on April 29, 2009, KRW 150 million, and KRW 150 million on February 8, 2010.

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