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(영문) 춘천지방법원 2019.06.27 2018고단1239
사기
Text

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

Reasons

Punishment of the crime

【Criminal Power】 On November 30, 2016, the Defendant was sentenced to imprisonment with prison labor for one year and six months in the original state branch of the Chuncheon District Court, and the judgment became final and conclusive on April 5, 2019.

【2018 Highest 1239】 On June 2, 2013, the Defendant made a false statement to the victim C, who was aware of it in the Defendant’s office located in Kuju-si B, stating, “I will complete payment six months after the contract for construction work if I would lend money to B.”

However, at the time, the Defendant did not have any intention or ability to contract the construction work to the victim or to repay the money borrowed from the victim, inasmuch as the Defendant did not secure all the funds to proceed with the said construction work.

As such, the Defendant, by deceiving the victim, received KRW 20 million from the victim on June 10, 2013 as the borrowed money from the victim, by the passbook (Account Number E) in the name of the defendant, and received the total sum of KRW 47 million from the above date to October 11, 2013 through the above four times as shown in the attached crime sight table.

【2019 order 263】

1. On November 6, 2013, the Defendant, at around 14:00 on November 5, 2013, indicated that the Defendant would return money borrowed if the investment amount was to be raised within one month, to the victim I at the office located in (ju) H of the F Building G in the Won-si, and that “I would return money borrowed when the investment amount was entered.”

However, since the attraction of investment money was not made smoothly and the progress of the Jart Construction was not done normally, the defendant will return 5 million won from the victim to the month when he borrowed.

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