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(영문) 대구지방법원 2015.11.20 2015고단2599
사기
Text

Defendant shall be punished by a fine of KRW 7,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

1. On August 2, 2013, the Defendant, at the office of the Young Steel Co., Ltd., Ltd., the third floor of the New Building Co., Ltd., the third floor of the New Building Co., Ltd., Ltd., in the Seocho-gu, Seocho-gu, 2013, concluded that the Defendant would receive progress payment from the owner of the construction and receive progress payment if he/she borrowed KRW 12 million from the owner of the construction to September 30, 2013.

However, the defendant could not receive progress payment within one month because he did not start the new construction of the above factory at the time, and because he did not have any other property to repay the borrowed money, there was no intention or ability to pay the borrowed money even if it was received from the victim.

Around September 2, 2013, the Defendant, by deceiving the victim, received cash KRW 12 million from the above office around September 2, 2013.

Accordingly, the defendant acquired the victim's property by fraud.

2. On September 2, 2013, the Defendant committed the crime of September 3, 2013, at the same office as indicated in paragraph (1) around September 2, 2013, made a false statement to the victim that “A project to remodel the Felel located in the Gu-U.S. E, but if the Defendant borrowed KRW 18 million from the construction fund, he/she would receive the progress payment until September 30, 2013.”

However, the facts are that the Defendant entered into a contract from October 28, 2013 to start the above construction work, and there was no other property owned by the Defendant. Therefore, even if the above money was received, the Defendant did not have any intention or ability to repay it to the victim.

The Defendant, by deceiving the victim as such, received money from the victim to the post office account (G) account in the name of the Defendant around September 3, 2013.

This is the defendant's property of the victim.

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