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(영문) 창원지방법원 2019.11.21 2019고단1132
사기
Text

A defendant shall be punished by imprisonment for not less than eight months.

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

On February 23, 2017, the Defendant stated to the effect that, at the office of E, the victim G, the representative of the F Co., Ltd., the Defendant would allow the victims to have sales equivalent to KRW 28-3 billion per month during the ten-year period thereafter, to have the construction of the Japanese bridge structure and the construction of the steel structure related to the construction of the 6-class hotel of Jeju-do-do-6-class 6-class 6-class 30 billion. However, at present, the Defendant stated to the effect that, “I will make a full payment until May 30, 2017, if I lend 30 million won as I need to pay a deposit.”

However, the Defendant did not have the ability to perform the above construction works because the company that had been operated around 2013 through 2014 was in bankruptcy or discontinued its business, and the Defendant did not have the authority to make a decision on allowing the above construction works to be performed by the above victim. The Defendant merely did not have the authority to make a decision on allowing the above construction works to be performed by the above victim. Furthermore, the Defendant did not have the ability to repay the above amount as above even if it was made by the above victim because it was economically difficult to do so, such as the Defendant’s debt equivalent to KRW 150 million at the time of February 2017, 201, the financial right debt amounting to KRW 120 million, the tax debt amounting to KRW 300-400,000,000,000,000,000,000 won, such as the amount of four major insurance, the amount of debt equal to or more than KRW 700,500,000,00.

As above, the Defendant, by deceiving the said victim, was transferred from the said victim to the I Account in the name of the Defendant’s wife at around February 23, 2017, KRW 30 million under the name of the said victim.

Accordingly, the defendant was given property by deceiving the above victim.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness G and D;

1. G concerning the defendant's partial statement of the suspect interrogation protocol.

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