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(영문) 전주지방법원 군산지원 2014.12.10 2014고단166
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 May 10, 2012, the Defendant made a false statement to the effect that “A victim E who had known that he/she had the same sexual intercourse in the Dasung located in the Jeonbuk-si, Chungcheongnam-si, North Korea, was the representative of the limited liability company F, while engaging in the act as if he/she had been the representative of the limited liability company F. There is a construction site where he/she is currently going in progress. There is a shortage in personnel expenses and material expenses, and there is money to be received for each punishment on or around May 20, 2012, and if he/she lent KRW 10 million, he/she would make repayment by no later than May 20, 2012.”

However, in fact, the Defendant was not the representative of F limited liability company, and the construction company and the owner introduced the construction work between the construction company and the owner, and then did not have certain income or special property in addition to receiving certain fees. Since there was extremely little possibility that the amount loaned to each type of money may be repaid, there was no intention or ability to repay the money even if the Defendant borrowed money from the victim.

The Defendant, as such, by deceiving the victim, received KRW 10 million from the victim to the bank account in the name of G under the same day as the borrowed money.

2. On May 11, 2012, the Defendant made a false statement to the effect that “When he/she additionally lent KRW 5 million to the Defendant at the place specified in paragraph (1), he/she would make repayment with the money borrowed prior to May 20, 2012, if he/she borrowed KRW 5 million to the Defendant.”

However, the defendant did not have any intention or ability to repay the borrowed money from the victim for the same reason as the statement in Paragraph 1.

The Defendant, by deceiving the victim as such, received KRW 5 million from the victim to the account in the name of G bank under the name of G as the borrowed money on the same day.

3. On May 25, 2012, the Defendant need to install a pents and install a pents in order to construct a house near the south of the Gun in order to carry out the construction of a apartment house near the south of the Gun and the amount of money to KRW 5 million.

When lending money to the owner, the owner shall be the owner.

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