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(영문) 대구지방법원 서부지원 2014.05.02 2014고단312
사기등
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

1. Fraud;

A. On April 28, 2013, the Defendant, at a newly constructed site office of a factory located in Chang-gun, Chang-gun, Chang-gun, Kim Chang-gun, stating that “A victim C shall receive the title of this construction site, but he/she shall receive two million won from the victim to the bank account of D who is an employee of the Defendant on the same day.”

However, at the time, the defendant did not have any intention or ability to pay two million won within a number of days, since he did not receive the payment of the work price from the owner and did not pay the wages, equipment, etc. of the worker.

As a result, the Defendant was issued two million won by deceiving the victim.

B. On May 3, 2013, at the same place as the above paragraph (a) of the same Article, the Defendant concluded that “the Defendant would lend 10 million won to the same victim within one month prior to the loan, and transfer 15 tons of dump trucks E, which is owned by the Defendant, if not repaid,” was remitted from the victim to the passbook in the name of the F used by the Defendant on the same day.

However, as mentioned in the above paragraph (a) at the time, there was a delay in the construction cost as well as the above 15 tons E truck was purchased with G and registered in the name of H, which is a branch company, and thus, there was no intention or ability to repay the above borrowed money normally to the victim or transfer the above truck.

Accordingly, the defendant was given a delivery of KRW 10 million by deceiving the victim.

C. On May 11, 2013, the Defendant, at the same place as the above paragraph (a) of the same Article, concluded that “If the Defendant additionally borrowed money from the same victim until June 2, 2013, the Defendant would repay 18 million won by adding up the borrowed money to the same victim, and if it is impossible to repay, the Defendant would transfer an I Poke vehicle owned by him/her or have the head of the Tong repay it on behalf of the owner of the passbook.”

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