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(영문) 부산지방법원 2016.01.29 2015고단6397
사기
Text

A person shall be punished by imprisonment with prison labor for not less than ten months and by imprisonment for not more than four months for a crime of No. 2 as decided by the court below.

(b).

Reasons

Punishment of the crime

On July 30, 2010, the Defendant was sentenced to 11 months of imprisonment for a crime of fraud, etc. at the Busan District Court, and the judgment was finalized on September 17, 2010. On May 13, 2011, the Defendant was sentenced to eight months of imprisonment for a crime of fraud, etc. at the same court, and the judgment was finalized on May 21, 201 at the Busan Detention House, which became final and conclusive on May 31, 2011.

1. "2015 Highest 6,397";

A. On July 17, 2012, at the Defendant’s office located in Busan Dong-gu, Busan, the Defendant concluded a contract for construction with the victim C by stating that “The Defendant would execute construction works with the loan of the construction cost of KRW 330 million,000,000,000 on the site of Busan, Busan, the scheduled date for the commencement of construction works, on July 25, 2012, and on October 24, 2012, the scheduled date for completion of construction works,” with the victim C at the victim’s office.

However, even if the Defendant received the down payment from the injured party, the Defendant only attempted to use it as the multi-household housing construction fund and personal living expenses in Ulsan-gun F, Ulsan-gun, which was constructed by the Defendant at the time, and did not have the intent or ability to complete the construction by executing the above lending to the victim.

As such, the Defendant, by deceiving the victim, received KRW 30 million from the victim under the same day as the contract deposit for the same construction work, and received KRW 2 million from the account in the name of the Defendant on July 18, 2012, and acquired KRW 32 million in total twice on two occasions.

B. On November 24, 2012, the Defendant committed the fraud against the Victim G at “I” restaurant located in the Busan Metropolitan Government H, “I,” ordered the Victim G to perform all construction works, such as civil engineering works and construction works, with respect to the Kimhae-J land. Upon completion of the civil engineering works, construction works may immediately be conducted. Once completion of the civil engineering works is completed, construction works may be conducted. As a result, KRW 10 million is required to pay public charges for completion of the civil engineering works, the Defendant borrowed KRW 10 million from the bank and repaid the loan amounting to KRW 2.8 billion, and completed the construction works on the said site.

“.....”

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