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(영문) 대전지방법원 서산지원 2019.03.14 2019고정12
사기
Text

Defendant shall be punished by a fine of three million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

1. On February 23, 2018, the Defendant: (a) stated that “If the Defendant borrowed KRW 5 million as expenses are required, he/she will complete payment until the end of June, 2018,” the Defendant borrowed KRW 5 million from the Irinian-si Rock B.”

However, in fact, the Defendant had not only 20 million won, but also 100 million won as to the obligation to pay the construction cost to E Co., Ltd. as well as 20 million won, and there was no intention or ability to pay it even if he received the money from the victim due to the absence of any property.

As above, the Defendant, by deceiving the victim as above, received 5 million won from the F account under the name of the Defendant as the borrowed money from the victim, and acquired the victim’s property by fraud.

2. Borrowing of costs of civil engineering works;

A. On February 25, 2018, the Defendant stated that “Around February 25, 2018, the Defendant shall lend KRW 200,000,000 to the victim D as it is necessary to perform civil engineering works in Asan. If the Defendant lends money, then he/she would complete payment up to June 2018, adding 30% of the construction profit to 30%.”

However, in fact, the Defendant had not only 20 million won, but also 100 million won as to the loan obligation of the lending company, and had not any property, and the Asan Civil Works Corporation did not have any intent or ability to repay the loan even if it received money from the victim because it was not awarded a contract.

As above, the Defendant, by deceiving the victim, received 200,000 won in cash from the victim, i.e., money borrowed from the victim, and acquired the property of the victim.

B. On March 6, 2018, the Defendant called the victim D to the extent that it is necessary to enter the Asan Civil Works after the mold, and there is a need for money such as the loan of equipment and activity expenses.

If 400,000,000 won is loaned, the sum of 30% of the construction profit shall be added to the amount borrowed during that period.

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