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(영문) 광주지방법원 목포지원 2017.05.12 2016고단1489
사기
Text

Defendant shall be punished by a fine of KRW 5,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The defendant is the representative director of the limited company C in Sinpo City B.

1. On August 23, 2013, the defraudeds related to the deposit for the removal work indicated a plan for the redevelopment project of G apartment units in the building E of the Daejeon U.S. building D (S.), and the victim F, stating that “The victim F shall be paid KRW 10 million by adding the profit to KRW 10 million by delegating the right to the removal work upon lending the deposit under the contract for the removal work and by additionally appropriating the budget for the removal work.”

However, the facts did not have the intention or ability to repay even if they borrowed money from the injured party.

Nevertheless, the defendant deceivings the victim as above and obtained the delivery of KRW 15 million from the victim and acquired it by fraud.

2. On May 23, 2015, the Defendant related to the cost of implementing a project shall pay the victim a full amount of money he/she borrowed.

E. The purpose of this article is to “Afford immediately complete payment if a loan is made to one million won as expenses for the promotion of an industrial complex development project is insufficient.”

However, the facts did not have the intention or ability to repay even if they borrowed money from the injured party.

Nevertheless, the defendant deceivings the victim as above and obtained a delivery of KRW 1 million from the victim and acquired it by fraud.

Summary of Evidence

1. The defendant's legal statement (as at the fifth public trial date);

1. Statement made by the police with regard to F;

1. Application of Acts and subordinate statutes to receipts, a financial transaction statement, and H removal data at the time of publication;

1. Relevant Article 347 of the Criminal Act concerning the facts constituting a crime and Article 347 (1) of the Criminal Act concerning the selection of punishment;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

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