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(영문) 대구지방법원 서부지원 2015.06.11 2015고단266
사기
Text

A defendant shall be punished by imprisonment for two years.

Reasons

Punishment of the crime

【Criminal Power】 On December 24, 2008, the Defendant was sentenced to eight months of imprisonment for a crime in the Jinwon District Court’s Jinju branch, and completed the execution of the sentence in the Jinju prison on September 8, 2009.

【Criminal Facts】 The Defendant, who was in a relationship with the victim C and D, was the representative of E Co., Ltd., while introducing himself as the representative of the victims, attempted to overfinite the refinite power by making a false representation as if he had several construction sites such as suggesting design drawings, etc. to the victims, and acquired money under the pretext

1. On September 28, 2010, the criminal defendant against the victim C told the victim C to lend money to the victim C as to the lack of material costs and personnel expenses for construction works. The corporation would receive construction payment immediately after the completion of construction works.

However, the defendant did not have a construction site to pay the cost, and even if he borrowed money from the victim due to no particular property or income, he did not have any intention or ability to pay it.

As such, the Defendant, by deceiving the victim, received KRW 271,210,00 on September 28, 2010 from the victim to the bank account under the name of the Defendant, and acquired KRW 271,210,00 from that time to October 2, 2013, under the name of construction material expenses and personnel expenses, etc., as shown in the attached crime list 1.

2. On August 25, 2013, the Defendant made a false statement to the victim D that “The Defendant would repay the payment of the construction cost to the victim upon the deposit of the construction cost after the payment of the construction cost.”

However, there is no particular property or income, and even if the defendant borrows money from the victim, he did not have the intention or ability to repay it.

As such, the Defendant deceivings the victim as such, and thereby, F.m., the mother of the Defendant F.m., KRW 1,300,00.

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