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(영문) 인천지방법원 2019.07.11 2018고단9413
사기
Text

A defendant shall be punished by imprisonment for six months.

except that 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

1. On April 11, 2018, the defrauded: (a) around April 11, 2018, the Defendant provided that, at the victim C’s office located in Jung-gu Incheon Metropolitan City Jung-gu, the Defendant provided that, “Around April 11, 2018, the Defendant is carrying out the aggregate transport business with dump trucks; (b) the victim has the right to supply aggregate to the E site located in Kimpo-si; (c) the E site located in Kimpo-si, Kimpo-si; and (d) the Defendant secured the right to supply aggregate to the E subcontractor, E subcontractor, and as a result, the F warden demands KRW 50 million to pay money; and (d) if

However, in fact, the aggregate delivery right to the above construction site was already contracted at H, and G did not have any demand for money to the suspect, and the defendant was a bad credit holder at the time, and was planned to use money from the victim as living expenses or the funds of the Defendant’s management company even if he borrowed money from the victim, and there was no specific repayment plan, so there was no intention or ability to repay the borrowed money to the victim.

The defendant obtained 20 million won from the victim and acquired it by fraud.

2. On May 11, 2018, the Defendant: (a) around May 11, 2018, at a restaurant where the name near the Jung-gu Incheon Coast Guard is unknown; (b) the Defendant provided that “A victim I are carrying on aggregate transport business with a dump truck; (c) 80,000 times aggregate is required to be returned at the E site located in Kimpo-si; (d) the Defendant secured the right to supply aggregate to F, a subcontractor, and in return, he/she borrowed money to C on the ground that there is a need for money to demand KRW 50,000,000,000 to be supplied to F, and he/she borrowed money to F, which is required to be repaid first, and if he/she lends money, he/she shall be repaid with the supply of aggregate.”

However, in fact, the aggregate delivery right to the above construction site was already contracted at H, and G did not have any demand for money to the suspect, and the defendant was a bad credit holder at the time, and the defendant was planned to use the money as living expenses or the funds of the defendant's management company even if borrowed money from the victim, and there was no specific repayment plan.

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