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(영문) 대구지방법원 의성지원 2013.04.11 2013고단24
사기등
Text

A defendant shall be punished by imprisonment for two years.

Reasons

Punishment of the crime

[2013No. 24] At the time of June 2010, the Defendant decided to carry out construction work of constructing a freezing warehouse in the Gyeong-gun F in the Gyeong-gun, Gyeong-gun, Gyeong-gun (hereinafter “instant construction work”) after lending D’s name to the Defendant, while the Defendant’s personal debt amounting to KRW 1.3 billion, including KRW 500 million, to KRW 1.3 billion.

At the time, the Defendant had difficulty in lending bonds and paying the purchase price and construction cost, etc. of the above construction site and had only been planned to repay bonds with the bank loan, and there was no financial plan as to whether the bank loan can be used, and how the bank loan would not be used.

1. On June 30, 2010, the Defendant against the victim G, etc., did not intend or have the intent to pay the construction cost even if the contract for the instant construction work was concluded with the victim G Co., Ltd., and even if the Defendant did not have the intent or ability to pay the construction cost, the victim’s representative director H did not pay the victim KRW 1.892 million for the first half payment until September 30, 2010, for the first half payment of KRW 630 million until September 201, for the first half payment of KRW 1,500 for 1.892 billion for construction cost (including KRW 1,100,000 for the first half payment, and KRW 630,000 for the second half payment until October 5, 2010.

From around that time to April 25, 2011, the Defendant: (a) by deceiving the victims as indicated in the attached list of crimes; (b) caused the victims to continue the instant construction work; or (c) used construction materials necessary for the instant construction to pay the construction cost and rents, etc.; and (d) thereby, acquired financial profits worth KRW 300,000,000 in total.

2. The criminal defendant who committed fraud against the victim I shall be a policeman at the beginning of September 2011.

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