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(영문) 춘천지방법원 속초지원 2013.08.14 2012고단144
사기
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

On December 5, 2006, the defendant was sentenced to a suspended sentence of two years on December 13, 2006, for the violation of the Road Traffic Act (unlicensed Driving) at the Seocho District Court's territorial branch on December 5, 2006.

On December 30, 2005, the Defendant stated that “The construction work to be carried out at present is being carried out in the form of a club down, container, pent, and marbine hotel in a marbage,” the Defendant would have paid the construction work to the victim C within one month, and would have a golf club down number and reinforced concrete construction work to be subcontracted to D construction companies.”

However, according to the records of this case, the Defendant was working at the construction site of both golf complexes, and according to the records of this case, the Defendant appears to have been involved in the construction because he was in the position of the “building leader of the structure” at the construction site of the instant golf hostel (57 pages, 155 pages of investigation records), and the part of the indictment stating that “one is a one-time watch” in the part of the indictment shall be deleted and corrected to the extent that it does not infringe the identity of the facts charged.

As above, since construction is not carried out in bothyangs and Ompik water, the victim did not have the ability to carry out the construction of wood and reinforced concrete at the time, and the defendant did not have any specific property at the time, while the defendant was in a situation where it is difficult to pay KRW 300,000,000 per month, and even if he borrowed money from the victim, he did not have the intent or ability to pay it within one month.

The Defendant, by deceiving the victim as above, received a total of KRW 17,300,000 from the victim to the Agricultural Cooperative Account in the name of the Defendant’s wife E in December 30, 2005, KRW 15 million around January 6, 2006, KRW 2 million around February 25, 2006, and KRW 30,000,000 from the victim, respectively, and acquired it by deception.

Summary of Evidence

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