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(영문) 부산지방법원 2014.12.11 2013고단6983
사기
Text

A defendant shall be punished by imprisonment for a term of one year and two months.

Reasons

Punishment of the crime

The defendant is a person who runs a construction business in the company B.

1. Around April 2008, the Defendant made a false statement to the victim E in Dda located in Dongdaemun-gu Seoul, Dongdaemun-gu, that “When acquiring an apartment that was interrupted by building in Chungcheongnam-gu, Chungcheongnam-gu, the Defendant would have a lot of profits. A down payment of KRW 10 million shall be repaid at KRW 20 million after one month from the loan of KRW 10 million.”

However, in fact, the defendant did not use the money received from the victim as a down payment, but thought that most of the money would be consumed as living expenses, and there was no intention or ability to repay the money according to the agreement.

On April 17, 2008, the Defendant, by deceiving the victim as above, received 10 million won from the victim to the post office account in the name of the Defendant under the name of the Defendant for the purpose of borrowing money.

2. On June 2008, the Defendant made a false statement to the Defendant that “The Defendant would have repaid two times the amount of money borrowed from the construction site to the victim within one month from the first place of construction.”

However, in fact, the defendant did not use the money received from the victim as the construction fund, but thought that most of the money would be consumed as the cost of living, and there was no intention or ability to repay the money according to the agreement.

As above, the Defendant, by deceiving the victim as above, received 50,000 won from the victim to the same account under the name of the defendant as the loan money from the victim on June 5, 2008, 200,000 won on the same day, 2 million won on June 9, 2008, 5 million won on or around June 12, 2008, 30,000 won on or around June 14, 2008, 30,000 won on or around June 20, 2008, 30,000 won on or around June 20, 2008, 30,000 won on or around July 2, 2008, and 300,00 won on or around July 4, 2008.

3. On June 2008, the Defendant made a false statement to the victim that “The Defendant would return 20 million won after the month when he/she borrowed 20 million won as an additional construction fund because he/she is well operating his/her business.”

However, the defendant does not have any particular property or profit.

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