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(영문) 인천지방법원 2017.10.20 2016고단5512
사기등
Text

A defendant shall be punished by imprisonment for one year.

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

(e).

Reasons

Punishment of the crime

[Criminal record] On April 13, 2017, the Defendant was sentenced to a suspended sentence of two years for criminal fraud at the Suwon Friwon, who was sentenced to a suspended sentence of two years on April 21, 2017, and the said judgment became final and conclusive.

[2016 Highest 5512] The Defendant is a person who was engaged in construction business, and the Defendant and the Victim F are those who, around April 1, 2013, the Defendant came to know about the repair of defects, etc. while the victim was working as the head of the youth station located in the Dong-dong Si of Gyeonggi-do.

On April 2, 2014, the Defendant received orders from the victim’s house located in Yeonsu-gu Incheon Metropolitan City G Apartment Park 101 Dong 702 to the victim’s house, “I had now been placed in order to create theme park in Incheon Songdo and a hotel located in the Southern-gu Incheon Metropolitan City.”

In addition, there are many contracts for construction works.

The loan of KRW 100,000,000,000 from June 30, 2014 to the loan of KRW 100,000,000,000 shall be paid in 10 installments from June 30, 201, and the interest shall be paid in 20,250,000.

“A false representation was made.”

However, the Defendant, at the time of around December 27, 2012, did not have any intent or ability to pay interest or to pay principal, even if he/she borrowed money from the damaged party due to economic difficulties, such as that he/she is liable to pay a debt worth KRW 4 billion on April 2, 2014.

The Defendant received KRW 100 million from the injured party as a loan for construction capital.

[2016 Highest 6496] Defendant was the representative director of the I Co., Ltd. (hereinafter “I”) established for the purpose of the establishment, non-construction, etc. of the head office in Ansan-si H, Ansan-si.

On November 5, 2013, the Defendant would pay the amount to the victim at L Co., Ltd. office operated by the victim K in Ansan-si, Jungsan-si, Seoul, without being bound by the last day of each month, if the Defendant supplied the PVC to the GV site of Gyeonggi-si.

‘False speech' was made.

However, the defendant on 2012.

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