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(영문) 춘천지방법원 원주지원 2015.05.13 2014고단23
사기
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On February 11, 2009, the Defendant was sentenced to four months of imprisonment with prison labor for embezzlement at the original branch of the Chuncheon District Court, and the said judgment became final and conclusive on May 23, 2009.

1. On January 16, 2007, the Defendant: (a) on January 16, 2007, the Defendant: (b) in the E(E) office operated by the victim D in Suwon-si, Suwon-si, Suwon-si, Suwon-si, the Defendant: (c) on the part of the victim D on January 16, 2007, the Defendant subcontracted the said extension work to the party; (d) if the land purchase price falls short of KRW 200 million; and (e) if the Defendant borrowed it to the party, the said extension work will be subcontracted; and (e) the establishment of the first priority collateral mortgage will be made on the construction site. The borrowed money will be immediately repaid as the loan from the land obtained as collateral; and (e) the advance payment will be made in advance before the commencement of the construction work.”

However, in fact, in order to purchase the above land at the time, the Defendant had to lend money on condition of establishing the right to collateral security from the bond company, so even if he borrowed money from the victim, there was no idea to establish the right to collateral security on the above land. Even if he borrowed money from the bank in the future, he did not wish to repay the borrowed money to the victim with the loan, and even if he received the loan from the bank, he did not want to pay the borrowed money to the creditor. If he repaid the debt to the bond company, etc., he did not have an economic and sufficient means to pay the victim the advance amount of KRW 400 million agreed upon for the commencement of the construction, so it is difficult for the Defendant to start the construction. Therefore, even if he received the money from the victim, there was no intention or ability to set

Nevertheless, the Defendant received KRW 200 million from the victim to the Agricultural Cooperative Account (Account Number: H) in the name of G (State) designated by the Defendant on the 16th of the same month.

In this respect, the defendant deceivings the victim to take property.

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