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(영문) 대구지방법원 포항지원 2018.09.13 2018고단10
사기
Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[Criminal record] On September 21, 2016, the Defendant was sentenced to a suspended sentence of two years for criminal fraud at the Seoul Central District Court on June 21, 201, and the judgment became final and conclusive on January 21, 2017.

[Criminal facts]

1. Fraud against the victim C;

A. In addition, the Defendant, who acquired 35 million won in connection with the right to operate the restaurant, was the actual operator of the L-gu E-8 in the north-gu in the port of port, with an office in the case of the K-gu in the case of the K-gu Incheon Metropolitan City, and the above L-gu G G in the case of the K-gu in the case of the K-gu Seoul Metropolitan City. However, the above hotel site was not wholly purchased, the building permit was not obtained from the port, and the funds necessary for the progress of the business were not secured. Therefore, even if the above hotel was paid money, the Defendant did not have the intent or ability to operate the restaurant.

Nevertheless, on December 14, 2007, the Defendant: “The Defendant’s new hotel construction permission applied to the victim at port at port immediately comes out.”

The hotel site has already been secured and the fund has been borne by the right to guarantee the school.

At the latest, the new hotel construction work commences without a framework at the early spring of the year, and at the latest, 35 million won as a security deposit will be paid to the restaurant operation right.

“A false statement” was made.

On January 18, 2008, the Defendant received 35 million won from the damaged party under the name of the restaurant deposit deposit (contract deposit) through the agricultural bank account in the name of the Fund in the name of the KF in charge of the settlement of accounts in around 11:36.

Accordingly, the defendant acquired money by deceiving the victim.

B. On February 10, 2009, the Defendant shall acquire KRW 45 million in the name of the contract amount for landscaping and electrical construction, and the victim shall begin with the hotel construction corporation at the Fest Port Office of the Fest Port on February 10, 2009.

A false statement was made as follows: (a) landscaping and electrical construction contract to contract; (b) construction contract deposit amount to KRW 45 million; and (c).

However, the fact was that the hotel site was not purchased in whole, the building permit was not obtained from the port of port, and the funds required for the progress of the business were not secured.

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