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(영문) 대전지방법원 2020.05.07 2020고단658
사기
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On September 28, 2018, the Defendant made a false statement that “AX will help the travel business if he/she takes over the “AX” established in the name of his/her seat at the office of licensed real estate agents AV of AT building AT building at Sejong-si AT Building AV,” which reads “AX will take place. It will transfer the registration of the legal entity at KRW 12 million.”

In fact, however, there was no intention or ability to transfer the registration of the above corporation to the victim because the representative AY of the above travel company did not have any delegation from the corporation transfer.

Nevertheless, the Defendant, by deceiving the victim as such, was transferred to the post office account in the name of M as designated by the Defendant on the same day from the victim to the post office account in the name of M.

around 14:00 on July 25, 2018, the Defendant stated that “B shall operate a bus company at the Sejong City, and his spouse shall operate AC from the Sejong City AB to operate a cafeteria with its trade name, and shall pay KRW 17 million the remainder of the construction after the completion of the construction.”

However, the Defendant had no intention or ability to pay the remainder of the construction cost of KRW 17 million, even if the Defendant performed the tegrative construction work, because, at the time, the Defendant had a total of KRW 9 million loan obligation of KRW 100,000,000 for the second financial right, and the credit rating of KRW 9,000,000,000 for the overdue loan obligation of KRW 10,000 for the second financial right of the I

Nevertheless, the Defendant, by deceiving the victim as above, had the victim do construction work from August 1, 2018 to February 25 of the same month by allowing the victim to do so. The remainder of the construction cost is KRW 17 million.

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