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(영문) 대전지방법원 2018.10.25 2017고단4075
사기
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

[criminal records] On July 30, 2014, the Defendant was sentenced to a suspended sentence of two years for a violation of the National Land Planning and Utilization Act at the Daejeon District Court on June 2014, and the judgment became final and conclusive on April 9, 2015. On August 11, 2015, the Defendant was sentenced to one year of imprisonment for a crime of fraud at the same court, and the judgment became final and conclusive on May 12, 2016.

[Criminal facts]

1. On September 3, 2010, the Defendant committed fraud at around September 3, 2010, at the office of the Dispute Resolution Co., Ltd. in Daejeon Daejeon Daejeon on September 3, 2010, and the victim D with “affore to lend money due to the shortage of business funds, and to produce and supply sand to the victim D.

However, even if it is not so, it was said that it will receive a manufacturing loan and pay the amount of KRW 10 million from the last day of each month to KRW 20 million.

However, in fact, the Defendant was unable to supply sand equivalent to advance payment received from the previous victims, and the Defendant’s operation (ju) E was difficult since around 2008, and the amount of debt was KRW 700 million since around 2010. Moreover, even if the Defendant personally borrowed the said money from the damaged party due to the lack of financial standing, the Defendant did not have the intent or ability to supply sand equivalent thereto, or to repay it.

As such, the Defendant, by deceiving the victim, received a letter of promissory note of KRW 100 million at the face value on the same day from the victim and acquired it by defrauded.

2. On April 30, 2012, the Defendant committed fraud: (a) around April 30, 2012, the Defendant stated that, “In the places indicated in paragraph (1) around April 30, 2012, there is a need to make an investment in order to promote sand collection business in a public zone; (b) the Defendant constructed a gas station to Daejeon Seo-gu F, Daejeon; and (c) if the completion of construction falls short of the amount, the Defendant extended a loan to KRW 50 million to the unpaid amount.”

However, the facts are as follows: (1) EE, which the defendant operated, has been difficult to operate since around 2008, and (2) from around 2010, operational funds are operated.

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