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(영문) 대구지방법원 김천지원 2016.09.29 2016고단548
사기
Text

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

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

Reasons

Punishment of the crime

On January 31, 2013, the Defendant was sentenced to one year of imprisonment for a violation of the Illegal Check Control Act by the Daegu District Court, and the judgment became final and conclusive on February 8, 2013, and on May 22, 2014, the Defendant was sentenced to eight months of imprisonment for fraud, etc. at the Changwon District Court, and the judgment became final and conclusive on May 30, 2014.

1. On April 30, 2012, the Defendant, at around April 30, 2012, borrowed KRW 140 million as the construction cost entered within one week from the viewing and viewing of Ansan-dong, with the victim C, at the office located in the Gu-Si B around April 30, 2012.

The check in blank is the check in blank, and there is a difference between the trust and trust, and the refund of the check in cash after 10 days.

The phrase “ makes a false statement.”

However, the Defendant had already failed to receive construction payment due to lack of the construction association guarantee, etc. At the time, the Defendant was liable for a debt equivalent to KRW 750 million at the time, and D, the Defendant’s representative, from February 2, 2012, has deteriorated its financial status, issued the check and bills excessively in an amount equivalent to KRW 700,000,00,000, and was operated as ever (the last default on June 20, 2012), and the borrowed money received from the injured party was also considered to be used to prevent the return of the bill, and there was no intent or ability to repay the borrowed money as agreed upon by the Defendant and the above company.

The defendant deceivings the victim as above and transferred 140 million won to the bank account (E) of the name of the defendant on the same day from the victim.

2. On June 12, 2012, the Defendant, at the office described in paragraph (1) around June 12, 2012, was to receive construction payment from the said victim at the office described in paragraph (1) around June 12, 2012, and to repay the said amount within one week with the borrowed money prior to the loan.

The phrase “ makes a false statement.”

However, the defendant is the above circumstances.

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