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(영문) 대구지방법원 2018.10.05 2017고단7038
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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

【2017 Highest 7038】

1. On October 14, 2011, the Defendant made a false statement to the victim D at the C coffee shop located in Daegu-gu, Daegu-gu, stating that “The Defendant would provide the victim D with money to be paid in the course of obtaining a certain subcontract for the civil engineering works of racing E apartment.”

However, the defendant was a bad credit holder at the time and was thought to be used for personal purposes even if he received money from the injured party, and the victim did not have an intention or ability to subcontract civil engineering works.

Accordingly, the Defendant, by deceiving the victim, was transferred KRW 3 million to the Agricultural Cooperative Account (G) in the name of F on October 14, 201 from the victim, and KRW 5 million to the said account on October 29, 201, and KRW 10 million to the said account on November 11, 201.

2. On December 1, 2011, the Defendant made a false statement to the victim D at the Defendant’s office located in Daegu-gu Dong-gu, Daegu-gu, stating that “The Defendant would provide the victim D with money to be incurred in the course of obtaining a certain subcontract for the civil engineering works in the Yeongdeungpo-gu, Incheon-gu, High Industrial Complex.”

However, the defendant was a bad credit holder at the time and was thought to be used for personal purposes even if he received money from the injured party, and the victim did not have an intention or ability to subcontract civil engineering works.

Accordingly, the Defendant, by deceiving the victim, was transferred KRW 7 million to the Agricultural Cooperative Account (G) in the name of F on December 1, 201 from the victim.

[2018 Highest 795] The Defendant called the victim I on January 2017, 2017 to help the victim I to enter into a contract for the construction of the housing of Ansan-si, with the full knowledge of KK with the entire authority for the construction of the housing of Ansan-si, so that the Defendant can connect the land to the subject land prop and enter into a contract for the construction work under the pretext of introduction expenses.

The phrase “ makes a false statement.”

However, in fact, K was scheduled to sell the above site after dividing it, and there was no plan to implement multi-household housing construction, so even if the defendant received money from the injured party, he did not have the intent or ability to buy the above housing construction contract.

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