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(영문) 청주지방법원 2015.08.21 2015고단568
사기
Text

A defendant shall be punished by imprisonment for two years.

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

Reasons

Punishment of the crime

1. On May 30, 2010, the Defendant made a false statement that “E” operated by the victim D, who was located in Heak-gu, Chungcheongnam-gu, Chungcheongnam-gu, Cheongju, the Defendant would receive a loan from the community credit cooperatives until September 30, 2010, to the victim, who newly constructed six multi-family housing units to the F, Chungcheongnam-gu, Chungcheongnam-gu, Chungcheongnam-gun, and if the internal Doing and laping construction is detrimental to the inside Doing and selling construction

However, the Defendant, at the time, was liable for a debt exceeding KRW 200 million, and even if the Defendant was granted a loan by a community credit cooperative as collateral, it was urgent to use it as the refund of investment to investors and the repayment of land purchase price, etc., due to the provisional registration of the construction business operators, the sales business did not normally run. Since the Plaintiff did not pay interest to community credit cooperatives, there was no intention or ability to pay the construction price by receiving the loan from the victims.

Although the Defendant had the victim perform the construction work on board ships and board ships, the Defendant did not pay the victim the construction cost of KRW 54 million.

Accordingly, the defendant, by deceiving the victim, acquired the same amount of property benefits.

2. On November 28, 2010, the Defendant made a false statement that “The Defendant would pay KRW 600,000 won per month of the rental-based week,” to the employees of the Defendant at the Defendant’s Dong-gu Office, Seoul Special Metropolitan City, Young-gu, Seoul Special Metropolitan City, 222-7.”

However, due to the economic situation such as the statement in Paragraph 1, the Defendant received the victim's siren and continued to use it free of charge, as if he did not have the intent or ability to pay the normal rental fee to the victim company, but would not pay the normal rental fee.

On the same day, the Defendant received from G a HM5 car in the amount of KRW 3 million at the market price owned by the victim company.

Accordingly, the defendant is the victim.

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