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(영문) 광주지방법원 2016.10.27 2016고단725
사기
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

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

Reasons

Punishment of the crime

1. On June 28, 2010, the Defendant, at the construction site of the apartment C apartment in the Masung-gun, Masung-gun, around June 28, 2010, expressed the victim D’s attitude that “In order to color the high-rise outer wall of the apartment, there is no personnel expenses for a person who is urgently needed to run coloring with the outer wall attached in Seoul. If the Defendant borrowed the personnel expenses, he would receive the color construction payment from the original office and repaid the money until August 30, 2010.”

However, in fact, even if the Defendant was liable for the construction cost of KRW 270 million, the Defendant had to pay the existing debt, and thus, the Defendant was unable to pay the money even if she borrowed money from the victim.

On June 30, 2010, the Defendant received 20,000 won cashier's checks from the victim.

Accordingly, the defendant was given property by deceiving the victim.

2. On August 2010, the Defendant, at the construction site of the above apartment C, expressed the victim D’s attitude that “on September 15, 2010, the Defendant would have repaid the money to the victim at the time of borrowing the money from the victim, stating that “on September 15, 2010, the Defendant would lend KRW 8 million to the personnel expenses of the apartment landscaping construction works.”

However, in fact, the Defendant was unable to pay the money even if he borrowed money from the victim because of the situation like the above Paragraph 1.

The Defendant received KRW 8 million in cash from the victim around September 1, 2010.

Accordingly, the defendant was given property by deceiving the victim.

3. On December 2010, the Defendant, at the construction site of the above apartment C, sent the victim D the view that “If the Defendant borrowed KRW 7 million for personnel expenses for apartment construction, he/she would have repaid the money to the victim until December 31, 2010,” and that he/she would have repaid the money from the victim.”

However, in fact, the Defendant was unable to pay the money even if he borrowed money from the victim because of the situation like the above Paragraph 1.

The defendant is against the victim.

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