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(영문) 광주지방법원 2013.11.06 2012고단6382
사기
Text

A defendant shall be punished by imprisonment for a period of three years and ten months.

The defendant pays the amount of KRW 160 million to the applicant for compensation.

Reasons

Punishment of the crime

[2012 Highest 6382] On October 18, 2011, the Defendant made a false statement to the victim E, the victim F, and the victim G, who had worked as a director in the modern construction of housing site development work in the military US USF and the Plaintiff G at the coffee shop located in the Gunsan-si, Sinsan-si, Gunsan-si. However, the Defendant was expected to execute the housing site development work in the country (ju).

However, there is no fact that H had ordered the housing site development project in the Militarysan Undeveloped District, and even if the said money was received, the victims did not have the intent or ability to subcontract the construction project and the construction project.

The Defendant received a total of KRW 20 million from the victims, i.e., KRW 20 million, KRW 30 million around the 19th of the same month, KRW 50 million around the 21st of the same month, and KRW 100 million around November 24 of the same year.

Accordingly, the defendant was provided property by deceiving the victims.

[2013 Highest 162] The Defendant served as the site manager of the J Corporation, which is being developed by H in Young-gun I in Yong-Namnam-gun I.

Around September 29, 2011, the Defendant made a false statement to the effect that “The Defendant would repay to the Standing K of the Victim Co., Ltd. Co., Ltd., Ltd., which supplied steel bars to the said Corporation at the J site office of H, Young-gu, Seoul Special Metropolitan City, to the maximum extent possible if it lends KRW 160,000,000 as expenses for the operation of the site are required.”

However, the above money was used as operating funds of L operated by H, not as the above J Corporation site, and even if the money was borrowed, there was no intention or ability to repay it.

Around September 30, 2011, the Defendant received KRW 160,000,000 from the above K in cash as the borrowed money from the above field office.

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

[2013 Highest 110] The Defendant, around 10:00 on April 30, 2012, posted a telephone to the victim N at the (ju) LL Construction Office operated by the Defendant located in Gwangju Seo-gu.

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