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(영문) 대구지방법원 2018.06.28 2017고단5379
사기등
Text

A defendant shall be punished by imprisonment for five years.

Reasons

Punishment of the crime

"2017 Highest 5379"

1. Fraud against victim D;

A. On June 2015, the Defendant related to the cost of land purchase services of a regional housing association was at the F office located in the Daegu Suwon-gu E and the second floor, Daegu-gu, 2015, and the victim D requested H to perform the project of the regional housing association in Suwon-gu, Daegu-gu, Seoul-gu, to purchase the land. The purchase of the land was conducted by requesting H in order to implement the project of the regional housing association at the regional housing association. The land purchase work is completed by 87% and a contract for purchase is concluded by three persons

In this case, H may not pay 80 million won to H because it is too much of the funds so far. If you lend 80 million won to H, it would be possible to pay the service cost to H, and it would be possible to pay 120 million won including 45 million won on November 30, 2015 and 75 million won on December 30, 2015 with the authorization for the establishment of the partnership after the two-month.

“A false representation was made.”

However, at the time of fact, the land purchase work of the above regional housing association did not reach 20%, and it was impossible to establish the regional housing association because it was merely a provisional contract, and the money received from the injured party was thought to be used as the Defendant’s salary and personal debt repayment, and thus, there was no intention or ability to repay it even if it was borrowed money from the injured party.

Accordingly, the Defendant, by deceiving the victim, was transferred from the victim, KRW 30 million to the National Bank account (I) of F around July 31, 2015, and KRW 50 million to the above account around August 12, 2015.

B. On September 17, 2015, the Defendant entered into a removal subcontract related to the regional housing association at the office of the K-based corporation, the victim’s operation of the victim in Daegu Suwon-gu J, Daegu-gu, and “The regional housing association was directly established in the G G members of the Daegu Metropolitan City Suwon-gu, and the removal work for redevelopment should be conducted.

Until now, 80 million won has been paid to Na.

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