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(영문) 광주지방법원 2020.11.19 2020고단264
사기
Text

A defendant shall be punished by imprisonment for six months.

except that 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

[Criminal Power] On December 19, 2019, the Defendant was sentenced to a suspended sentence of four months for fraud at the Gwangju District Court, and the judgment became final and conclusive on December 27, 2019.

【Criminal Facts】

The Defendant is a person who was trying to develop tourist farm business in the front-nam-gun, B, and four lots of land. The fact that the said tourist farm development project promoted by the Defendant is in the status of being notified of non-approval for the reason of violating the Ordinance of the Dualyang-gun, etc. around November 29, 2016. In addition to the above administrative reasons, construction works for electrical construction at the said place of business were unlikely to commence due to financial shortage, etc., and even if having borrowed money from others, the Defendant intended to use money for personal life or previous debts for the purpose of repaying personal debts, and the Defendant had no intent or ability to repay the borrowed money at once due to lack of business funds without any particular income or property.

Nevertheless, on October 2016, the Defendant: (a) as if the Defendant were to contract the construction in the future with the victim E who operated the instant tourist farm development business by borrowing a written estimate of electrical construction from the victim E who operated the said tourist farm development business; (b) had the victim receive money from the victim as a loan for funds related to the construction; and (c) on January 16, 2017, the Defendant would make the victim take the phone from the victim to pay money to the victim without the molding the money because necessary expenses for the construction, such as authorization, permission, etc., are necessary to start the construction immediately; and (d) he/she has borrowed KRW 2 million from the victim to the Defendant’s FF association account on the same day on the same day; and (e) again, on the 23th of the same month, he/she took the phone to the victim on the same day, and (e) has entered the Corporation with the loan of KRW 30 million with the construction expenses, and he/she will repay the money to the victim under the name of the victim.

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