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(영문) 서울동부지방법원 2017.09.28 2016고단3454
사기
Text

A defendant shall be punished by imprisonment for a term of one year and two months.

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

Reasons

Punishment of the crime

(State)C Representative D attempted to construct a set of 1st underground floor and 2nd underground floor on the south-gun E and 1st ground, but the Corporation was suspended due to the shortage of funds. On March 2015, 2015, the Defendant intended to take over a loan amounting to KRW 500 million from D, which the said company received from the Korea Navy, and to take over from the company under the condition that the said company will pay KRW 350 million after the completion of the building.

On May 6, 2015, the Defendant made a false statement to the victim H who operates construction business chain (ju) G through F, stating that “The Defendant will pay KRW 128 million as construction cost if he/she intends to make a new remodeling construction work to the interrupted C, and the opening work to the new remodeling work, and first that he/she would make an advance payment of KRW 20 million as a bill in the name of B/L in the name of B/L.”

However, in fact, when the Defendant continues construction up to 80% of the total progress, the Defendant had a plan to obtain a loan from a financial right as collateral and to procure construction cost. However, there was no intent or ability to pay construction cost, such as, for lack of self-sufficiency, it was impossible to obtain a loan from the beginning to the construction site as collateral due to a relationship with which it was impossible to obtain a loan from the construction site due to the lack of such ability, and even if the maturity comes, there was no method to pay the payment even if the maturity comes due to (ju) I’s lending of KRW 5 million to the JJ.

The Defendant, as such, by deceiving H and requiring H to carry out the construction work, obtained pecuniary gains of KRW 128 million, and had nine victims, including H, including the same method from June 30, 2015, acquire property gains equivalent to the total construction cost of KRW 389,065,50,000 from that time to June 30, 2015.

Summary of Evidence

1. The legal statement of K Witness;

1. A part of the prosecution against the defendant.

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