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(영문) 전주지방법원 2012.10.18 2011고단89
사기
Text

A defendant shall be punished by imprisonment for not less than two years and six months.

Reasons

Punishment of the crime

[208, the Defendant, who is engaged in the construction business, did not pay the construction cost and did not have any intent or ability to repay even if the Plaintiff did not pay the construction cost, even if the Plaintiff did not receive the confirmation of lien on the said bath building from the Jeonju District Court around March 2008, when he was entrusted with the remodeling project of the bath in Yan-gu Seoul Special Metropolitan City from R, the owner of the building, for the purpose of the construction cost.

1. On March 2008, the Defendant carried out construction in W’s restaurant operated by the victim V (V, 46 years of age) located in Yeongdeungpo-gu Seoul Metropolitan Government (hereinafter “W”), and the Defendant made a false statement to the effect that if the financial institution loans KRW 20 million to the victim, it will pay interest higher than the bank interest, it will be used for more than three months to five months and be repaid without mold.

The Defendant received 20 million won from the victim on March 17, 2008 as the borrowed money.

2. Around April 29, 2008, the Defendant made a false statement to the effect that if the Defendant borrowed KRW 30 million to the victim Y(Y, 47 years of age) in the method referred to in paragraph (1) in the above restaurant, the Defendant would use interest higher than the bank interest for a period of three months and five months and complete payment without a mold.

The Defendant received 30 million won from the victim on April 29, 2008 as the borrowed money.

3. On June 25, 2008, the Defendant made a false statement to the effect that the Defendant would have to complete the construction by telephone to the victim V, and that if the Defendant loaned the amount of money to KRW 10 million, it would have to pay interest higher than the bank interest, and would have to repay the amount to the victim V as completed by the Corporation with the amount of KRW 20 million borrowed prior to the lending of interest.

The Defendant received 10 million won from the victim as the borrowed money on the same day.

In this regard, the defendant deceivings victims, and makes a total of three times.

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