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(영문) 인천지방법원 부천지원 2013.08.29 2013고단1083
사기
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

The application for compensation order of this case shall be dismissed.

Reasons

Punishment of the crime

The defendant is a person who engages in daily labor.

At the time of October 2010, the Defendant proposed to the effect that “in Korea, it is well known about real estate construction, and instead it is possible to sell land, it would make a larger profit if sold after newly constructing a loan on land.” The victim accepted this proposal and agreed to provide the expenses related to the said land and construction and to have the Defendant shared the affairs related to the construction and sale of loan, such as the selection of the construction company and the handling of authorization and permission related to the construction of loan, and the distribution of profits.

The Defendant charged the victim with false or excessive expenses related to the construction and sale of loan funds, and had the victim use it for personal use, such as living expenses, regardless of the aforementioned construction work, on the basis that the Defendant was comprehensively responsible for the construction and sale of loan funds.

On November 15, 2010, the Defendant made a false statement to the effect that “In order to obtain a bank loan to secure construction costs, the Defendant would request the victim to pay KRW 2 million due to the need to meet or work on the part of the bank-related parties, etc. in order to obtain the bank loan to secure construction costs.”

However, even if the Defendant received money from the victim for the purpose of security, he did not have the intent or ability to use it in connection with the construction work, such as expenses to purchase bank loans, and was thought to be used individually regardless of the above construction work, such as the defendant's living expenses.

The Defendant, as such, by deceiving the victim, received KRW 2 million from the victim, for the purpose of financing the construction cost from the bank.

In addition, the Defendant, from that time until August 30, 201, is in the same manner as the written list of crimes in the attached Form.

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