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(영문) 대구지방법원 경주지원 2018.05.10 2016고단996
사기
Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

On April 14, 2016, the Defendant was sentenced to a suspended sentence of three years for one year due to a violation of the Road Traffic Act in the Daegu District Court and racing support, and the judgment became final and conclusive on April 22, 2016.

"2016 Highest 996"

1. On March 27, 2014, the Defendant committed the crime was subcontracted to the victim D at the mutual insular coffee shop located in Ulsan-gun, Ulsan-gun on March 27, 2014 from the private person F to implement the part of the reinforced wall construction work among E-construction works.

Accordingly, it is necessary for F to start the work, so that the work can be commenced as soon as possible by delivering it to F if it lends 50 million won to F, and if the work starts, it will subcontract the reinforced earth retaining wall construction to the party, and it will be repaid within three months otherwise.

“A false statement” was made.

However, in fact, the Defendant did not have entered into a contract with F Co., Ltd. to obtain a subcontract on the part of the reinforced earth retaining wall construction among the above creation construction works, and even if the Defendant borrowed KRW 50 million from the injured party, it was merely intended to use it as the personal repayment of the Defendant’s personal debt, etc., and did not intend to start construction work by transmitting it to F Co., Ltd., the Defendant did not have any intention or ability to pay KRW 50 million to the victim within three months.

Nevertheless, the Defendant, as mentioned above, obtained 50 million won from the injured party to the Agricultural G account under the name of the Defendant on the same day, and acquired it by fraud.

2. Around August 4, 2014 and around December 10, 2014, the Defendant, as described in paragraph 1, by deceiving the victim and obtaining delivery of KRW 50 million, as indicated in paragraph 1, drafted a subcontract agreement for construction works, stating “HA” and “D’s recipient of construction works,” around July 10, 2014, to the victim demanding payment of the said subcontract for construction works and loan, and subsequently, the Defendant, around August 4, 2014, drafted the subcontract agreement with the project owner “HA” and “the victim’s recipient of construction works.”

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