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(영문) 대전지방법원 2013.09.27 2013고단1724
사기
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

Reasons

Punishment of the crime

1. On November 201, 201, the criminal defendant against the victim C concluded that, “The victim’s office located in Daejeon Sung-gu Daejeon Sung-gu, Daejeon, was entering into a subcontract with the F Co., Ltd. that received a contract for the said construction from the Korea Electric Power Corporation, and would receive construction payment until February 2, 2012 if he/she borrowed money as he/she is urgently required to pay money.”

However, at the time of fact, the Defendant had a debt worth of approximately KRW 6-700 million, and even if having received construction payment due to the progress of the above construction in the absence of funds, it was thought to use it to repay the existing debt, and there was no specific property, and there was no intention or ability to repay the money as agreed to the victim.

Nevertheless, the Defendant, by deceiving the victim as above, received a total of KRW 100 million from the victim, including KRW 20 million on November 23, 201, KRW 70 million on November 28, 201, KRW 100 million on December 3, 201, and KRW 100 million on December 3, 201.

2. On October 17, 2012, the criminal defendant against the victim G made a false statement to the victim G, “If he/she lends KRW 100,000 to H business funds domestically operated, he/she shall pay monthly interest of KRW 2 million, and the principal shall be repaid at the end of May 2013.”

However, at the time of fact, the Defendant had been seized on the Defendant’s claim for construction cost against the Korea Electric Power Corporation due to the Defendant’s obligation of KRW 100,000,000, and was thought to use the said KRW 100,000,000, and there was no intention or ability to pay the interest

Nevertheless, the Defendant, by deceiving the victim as above, received 100 million won from the victim as the borrowed money and acquired it by fraud.

Summary of Evidence

1. Defendant's legal statement;

1. Police of each prosecutor's protocol of interrogation of the accused (including C's statement) against the accused.

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