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(영문) 대구지방법원 2020.01.16 2019고단5660
사기
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On October 12, 2016, the Defendant was sentenced to six months of imprisonment with prison labor and two years of suspended execution as a crime of fraud in the Yeongdeungpo Branch of the Daegu District Court, and the said judgment became final and conclusive on October 20, 2016.

1. On February 19, 2016, the Defendant entered into a false loan loan fraud under the name of a building project, stating that “A victim B, an insurance solicitor, who became aware of in the process of purchasing an insurance policy at a non-permanent site, lends money to him/her for the construction of loan, would be repaid after the loan construction if he/she lends money to him/her. That is, he/she will offer D loan subparagraph d, which is in the name of his/her mother.”

However, in fact, even if the Defendant borrowed 498 million won from the FF Cooperative and borrowed 498 million won from the material non-paid at the time of the construction of private housing located G and sold 35 million won, it was insufficient to repay the above debt even if it was built and sold by the FF Cooperative. Therefore, even if the Defendant borrowed money from the victim, it did not have the ability to repay the debt.

The Defendant received KRW 10 million from the victim’s mother to the IB bank account in the name of H, as well as from that time until February 26, 2016, the Defendant transferred KRW 30 million from the victim, as described in the [Attachment 1-3] No. 1-3.

Accordingly, the defendant was given property by deceiving the victim.

2. On March 27, 2016, the Defendant: (a) made a false statement to the victim B stating that “The Defendant would immediately pay any money when the construction cost is due to a contract for the construction work, with the need to pay money, to the senior executive officers of the company, on the ground that he/she would have to enter the J in the process of performing the Nutrition located in the Nutrition group; and (b) the Defendant would have to pay any money when the construction cost is due to a contract for the construction work.”

However, in fact, the Defendant was engaged in field construction other than the above L Corporation, and the payment of construction cost was not smooth at the above construction site, so even if he borrowed money from the victim, he did not have any intent or ability to complete the payment.

The defendant is against the victim.

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