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(영문) 인천지방법원 2013.06.18 2012고단8846
사기
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

[Criminal Power] On January 6, 2012, the Defendant was sentenced to imprisonment with prison labor and six months for occupational embezzlement at the Incheon District Court on January 6, 2012, and the judgment became final and conclusive on January 14, 2012.

[2012 Highest 8846] On June 29, 2007, the Defendant stated that “If the apartment sale plan is delayed for ten months and the office operating fund is insufficient, the Defendant would have to make payment by the end of October 2007.”

However, on April 2007, the Defendant had no intention or ability to repay money even if he borrowed money from the victim, since the business fund was the floor of the floor and had already been borrowed from the business fund until June 2007.

The Defendant, as such, by deceiving the victim, received 35 million won from the victim to the Korean bank account of E on June 29, 2007, and received 5 million won in total from the same account on July 2, 2007.

[2012 Highest 11562] On November 14, 2007, the Defendant made a false statement to the victim G on the F Model C of Macco Construction, “If the Defendant borrowed KRW 30 million, the Defendant will pay the amount of KRW 30 million in advance, the Defendant would pay the amount of KRW 3 million in advance. That is, the company would have already made a sales contract.”

However, the fact that the contract for sale in lots was entered into only the condition that the contract was concluded, and there are frequent cases where the sale market situation at the time is not good, so the defendant did not have an intention or ability to pay the above money even if he borrowed the above money from the victim.

As such, the Defendant, by deceiving the victim, received property from the victim to the new bank account in the name of the Defendant on the same day from the victim, under the pretext of borrowing KRW 27 million.

[2013 Highest 1642] The defendant is the Busan around March 25, 201.

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