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(영문) 대구지방법원 2018.02.08 2017고단562
사기
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

On May 2, 2012, the Defendant was sentenced to imprisonment with prison labor for fraud, etc. at the Daegu District Court on May 2, 2012 and completed the execution of the sentence on April 13, 2013.

Criminal facts

In August 2015, the Defendant, at the home of the Victim D, who was permanently residing in C on August 2015, would offer the Victim’s home to the Victim who had a relationship with the Defendant at the time.

A false statement was made.

However, even if the Defendant received construction costs related to the construction of a house from the injured party, he thought that he would use the house for his debt repayment, etc., and he did not have any other construction cost due to the bad credit standing and there was no intention or ability of the injured party to perform the new construction work because he did not have any other construction cost.

Nevertheless, the defendant deceivings the victim as above and transferred 50 million won as the contract deposit for construction around August 3, 2015 from the victim who is affiliated therewith.

The Defendant was sentenced to imprisonment with labor for fraud, etc. at the Daegu District Court on May 2, 2012 and completed the execution of the sentence on April 13, 2013.

[Criminal facts]

1. On February 2, 2015, the Defendant stated that “F” restaurant located in Seogu-gu, Daegu-gu, Seoul-gu, provided that “The victim G was awarded a license for the construction of the Gu-U.S. loan, and the construction of the Gu-U.S. loan would bring about investments in KRW 10 million.”

However, in fact, the defendant thought that he will use the investment money received from the injured party individually, and did not actually have the intention or ability to construct the loan.

As above, the Defendant stated the victim’s deception as above, and the victim’s deception as to March 13, 2015, KRW 200 million, KRW 15 million on September 23, 2015, and KRW 3 million on December 29, 2015, respectively, as “I” in the H indictment, but this appears to be a clerical error in the H’s indictment, and without any modification to the indictment.

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