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(영문) 대구지방법원 서부지원 2019.03.27 2018고단204
사기
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

[criminal power] On June 24, 2016, the Defendant was sentenced to one year of imprisonment with prison labor and two years of suspended execution for fraud at the Seo-gu District Court Branch Branch of the Daegu District Court, and the judgment became final and conclusive on July 2, 2016.

【Criminal Facts】

The defendant is the representative director of the corporation B established for the purpose of housing construction business and sales business, who is promoting the new construction business of main multi-family apartment in Daegu-gu C, and the victim D is the representative director of the corporation E established for the purpose of electric design business, supervision business, etc.

On September 7, 2009, the Defendant made a false statement to the victim at the (State)B office located in Daegu-gu, Daegu-gu, the Defendant stated that “I will immediately proceed with the construction of a new FM apartment, and (StateE will commission fire-fighting and information and communications construction supervision services, performance guarantee, etc.” to the victim.

However, in fact, the above main complex apartment is eligible for authorization, permission, etc. to sell at least 10% of the sale area to a commercial building. However, due to the policy to restrict the establishment of a large retailer store in Daegu City, it was difficult to maintain large retailer sales stores, and the general shopping mall sales system could not satisfy the profitability required by the construction corporation, and it was unclear whether to raise funds through the construction project or the loan of financial institutions. As such, even if the Defendant received money from the victim as a performance subsidy, he did not have the intent or ability to request supervision service to pay the service fee to the (ju) E even if he received the money under the pretext of the project, and if the project is not performed, there is no need for the Defendant to pay the debt equivalent to about 50 million won in the course of carrying out the project from 2005 to 500 million won, so there was no intention or ability to return the performance bond or loan to the victim

Ultimately, the defendant deceivings the victim as above, and is in its control under the pretext of supervision services performance guarantee, etc. from the victim.

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