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(영문) 수원지방법원 2016.04.21 2015고단2057
사기
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

On June 3, 2010, the Defendant was sentenced to two years and six months of imprisonment for fraud, etc. at the Seoul Central District Court on November 20, 201, and the execution of the sentence was terminated on November 20, 201. On January 13, 2015, the Defendant was sentenced to three years and six months of imprisonment for fraud in the Suwon District Court’s Support for Suwon District, and the said judgment became final and conclusive on October 15, 2015.

1. On July 5, 2013, the Defendant: (a) at the office of the Seoul Seocho-gu Seoul Metropolitan Office located in the first floor of the Seocho-gu Seoul Metropolitan Office (ju), the victim E gives a contract to G to which the victim E belongs for the construction of and access to the D golf course scheduled to be constructed in the area other than the Gyeongbuk-gun F. In this context, the Defendant borrowed KRW 100 million and borrowed KRW 100 million to pay the down payment for the construction of the golf course immediately.

“.......”

However, the defendant knew that the construction could not be commenced due to lack of money to start the construction, and there was no intention or ability to contract the construction to the victim.

As above, the Defendant was delivered KRW 100 million in total, including KRW 20 million in cash on July 5, 2013, KRW 10 million on July 9, 2013, KRW 40 million on KRW 40 million on KRW 10 million on KRW 40,000, and KRW 40 million on KRW 10,000 on KRW 40,000 on KRW 12, 203.

2. On August 1, 2013, the Defendant would immediately pay the “the down payment for the construction work of a golf course” if he/she lends money to the office under the above 1. Paragraph (1).

Although the defendant did not have the intention or ability to immediately repay the borrowed money to the victim because the construction work cannot be commenced due to the shortage of the construction cost.

The defendant deceivings the victim as above and thereby his deceivings the victim to do so shall be KRW 2 million on August 1, 2013 and the same year.

8. The sum of KRW 5 million was delivered to the Defendant’s account in the name of the Defendant on two occasions, including KRW 3 million.

Accordingly, the Defendant, as seen above, by deceiving the above victim, received a total of KRW 1.5 million from the injured party.

Summary of Evidence

1. The defendant's legal statement;

1. Legal statement of witness E;

1. A witness H.

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