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(영문) 부산지방법원 동부지원 2015.04.02 2014고단1963
사기
Text

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

Reasons

Punishment of the crime

1. On June 2012, the Defendant against the victim C made a false statement to the victim C, stating that even if he/she received the payment of the existing construction cost equivalent to KRW 70,000,00,000 from D, even if he/she did not have the intent or ability to pay the construction cost properly, he/she did not have the intent or ability to pay the payment of the existing construction cost, and that he/she shall pay the victim the construction cost if he/she completed the construction of the building exclusively used for the parking lot E in Busan-gu, Jung-gu, Seoul-gu, and that he/she shall pay the victim the construction cost if he/she completed the construction of the building exclusively used for the parking lot E, from the beginning of June 2012 to the end of August 2012, 200, he/she acquired economic benefits equivalent to the amount of the construction cost because he/she did not have the victim paid the construction cost.

2. On July 5, 2012, the Defendant against the victim F made a false statement to the effect that: (a) the Defendant had a financial obligation at the time of the payment of the existing construction price was equivalent to KRW 70 million; and (b) even if having borrowed money from the victim F, the Defendant had no intent or ability to repay the said obligation; and (c) thus, the Defendant acquired the Defendant’s agricultural bank account (Account Number G) in the name of the Defendant with the loan, KRW 9.6 million from July 5, 2012 to KRW 9.6 million from July 7, 2012 to KRW 27 million in total by receiving KRW 85 million from the victim F, respectively.

3. On August 31, 2012, the Defendant against the victim H was liable for financial rights equivalent to KRW 30 million with respect to the unpaid repair trade name cafeteria, which was the part of the Busan District Department’s Articles of Incorporation, and the fact was that the Defendant was liable for financial rights equivalent to KRW 70 million with respect to the unpaid construction cost at the time, and the victim H’s first ground room in Busan District.

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