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(영문) 광주지방법원 2015.09.10 2015고단1212
사기
Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[Criminal Power] On September 25, 2014, the Defendant was sentenced to six months of imprisonment for the use of forged securities and fraud at the Gwangju District Court, and the appeal against this was dismissed and the above judgment became final and conclusive.

The first instance court is the Seoul District Court 2013 High Court 2013 High Court 182, 2013 High Court 2476, and the appellate court is the same court 2014No2480.

【Criminal Facts】

1. On June 2013, the Defendant, as to the victim D, displayed the building and site of the factory site located in Pyeongtaek-gun, Chungcheongnam-gun, Chungcheongnam-gun, Ma, around the early 2013, to the victim D, and concluded a false statement to the effect that “In this time, the factory building is to be removed and removed, and the land is also acquired later and the factory is to be newly built by acquiring it. As the purchase cost of the building is insufficient, the amount of KRW 30 million is leased. If the building cost is leased to KRW 30 million, the Defendant borrowed the asbestos removal work from the construction of the said building to the business entity run by the party, and would preferentially pay KRW 30 million,000,000,0000,000,000,000

However, even if the victim did asbestos removal work, the Defendant did not have the intent or ability to pay construction cost. At that time, the Defendant entered into a contract with F for the removal of the above building and received 40 million won from F. Since the money was planned to be used first due to the repayment of debt to third parties other than the victim, the Defendant did not intend to preferentially pay the borrowed money to the victim.

Ultimately, the Defendant received KRW 30 million from the victim at the end of June 13, 2013. From the end of July 2013 to October 2014, the Defendant failed to pay KRW 43,903,200 to the victim for construction costs, thereby acquiring pecuniary benefits equivalent to the same amount.

2. On October 15, 2013, the criminal defendant against the victim G is located in the victim G in the non-soft-dong in the Songdong-dong, Gwangju Mine-gu.

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