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Reasons
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(영문) 전주지방법원 2014.06.10 2013고단2838
사기
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Defendant shall be punished by a fine of KRW 3,000,000.

If the defendant does not pay the above fine, the amount of KRW 100,000 shall be paid.

Reasons

Criminal facts

(State)The Defendant is the audit of D. The Victim E is the actual representative of F. G. who is awarded a subcontract for the construction of electric power supply housing for which D is undertaken at the Ha of the Cheongbuk-gun, Chungcheongnam-gun.

1. On May 2013, 2013, the Defendant, by posting a phone call to G at a place in which he was a police officer, is entitled to a loan of KRW 5 million for appraisal costs at the end of the H’s site loan.

The appraisal cost of 5 million won is required to be loaned;

5. By the 24.0.0.00.0.0.00.00.00.00.

“The Party shall call the victim to believe that G may receive the amount of KRW 5 million for appraisal costs at the end of the on-site loan; and

5 million won for appraisal expenses

5. It shall be possible to return until the night of deposit until the morning.

However, at the time of fact, the Defendant did not have the intent or ability to immediately repay the amount, as agreed upon, even if he borrowed the amount from the victim, because the Defendant was in need of money rapidly in terms of credit card payment, etc., and the victim did not need loan appraisal expenses in connection with the subcontracted construction work. Nevertheless, the Defendant was urged by the victim as above, and was transferred KRW 5 million from the victim to the Defendant’s J bank account (K) with the Defendant’s note on May 24, 2013. On May 29, 2013, the Defendant was transferred from the victim to the Defendant’s J bank account (K).

If the cost of dividing the land is entered and 4 million won is leased, the loan shall be granted and the loan shall be borrowed at the same time until the beginning of the next week.

“.....”

However, at the time of fact, the defendant was rapidly in need of money such as credit card payment, and the cost of land division is not necessary in relation to the construction project for which the victim is proceeding.

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