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(영문) 대구지방법원 2018.08.24 2017고단1657
사기
Text

A defendant shall be punished by imprisonment for two years.

All applications for compensation order shall be dismissed by applicants.

Reasons

Punishment of the crime

[criminal records] On July 17, 2012, the Defendant was sentenced to six months of imprisonment for fraud at the Daegu District Court. On December 24, 2012, the Daegu Detention House paroled on December 24, 2012 during the execution of the sentence, and the term of imprisonment expired on January 21, 2013.

On July 2, 2015, the Defendant stated that “E” in the “E” located in Sincheon-si, Sincheon-si, would return KRW 2,50,000,000,000,000,000,000,000,000,000 won, to the victim F, in addition to the profits of KRW 150,000,000,000,000,000,000,000,000 won.

However, from around 2004, the Defendant was under bad credit standing due to the Defendant’s failure to repay the loans, etc., and from March 2013, the Defendant purchased the land with loans under the name of its partner H while performing the said construction works, and thereafter, the Defendant was under very insufficient construction funds, such as soil and sand transportation, waste disposal, etc. while performing the said construction works.

In addition, the Defendant used only a part of the funds received from the victimized party as construction cost, and expected to use a considerable portion as a repayment of interest on loans and debt, and even if the instant construction is conducted and the site is traded, it was a situation in which the Defendant should pay the proceeds of KRW 200,000 or more to the Plaintiff, who is a partner, as the purchase price.

Therefore, even if the Defendant received the investment from the injured party, the Defendant did not have the intent or ability to reduce the profits and principal that the victim promised.

Nevertheless, the Defendant: (a) by deceiving the victim and deceiving the victim; (b) transferred KRW 100 million to the J bank account under the Defendant’s wife I on July 3, 2015; and (c) transferred KRW 50 million to the said account on July 9, 2015.

The Defendant of the 2017 Highest 4062, Mar. 25, 2014, at the “M” office located in Busan Metropolitan City L around Mar. 25, 2014, the Victim N in the “M” office.

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