beta
(영문) 전주지방법원 2015.01.29 2014고단1423

사기등

Text

A defendant shall be punished by imprisonment for a term of one year and two months.

Reasons

Criminal facts

On June 16, 2009, the Defendant was sentenced to one year and six months of imprisonment for a crime of fraud, etc. in the Southern District Court Branch of the Jeonju District Court, and on November 5, 201, the Jeonju District Court sentenced eight months of imprisonment for a crime of fraud, etc. and completed the execution of the final sentence on September 28, 201.

[2014 Highest 1423]

1. Fraud;

A. On March 19, 2013, the Defendant made it false to the victim C by telephone at a non-place, to allow the victim C to operate the brine restaurant at the site of the construction of Kim Jong-style apartment constructed in D. In order to enter into a contract for the operation of the brine restaurant, the Defendant made a false statement to the effect that (a) the head office is located at (b) the head office, and (c) the site manager must contact with the meal, and (d) 500,000 won is sent.”

However, in fact, the Defendant did not have any intention or ability to allow the victim to operate the above “brine restaurant” (hereinafter referred to as the “brine restaurant”), and there was no plan for the head of the Dmere site.

The Defendant deceivings the victim as above and transferred KRW 500,000 from the victim to the national bank account in the name of the Defendant’s father F in the name of the expenses for acquiring the right to operate the field restaurant on March 20, 2013, transferred KRW 2 million to the Gwangju bank account in the name of the Defendant as the expenses for issuing the letter of guarantee of the contract for the concrete corporation on March 20, 2013, and transferred KRW 1.5 million to the Gwangju bank account on March 21, 2013, under the name of the stamp for issuing the said letter of guarantee, and received KRW 1.5 million in total three times in loan of the right to operate the site restaurant.

B. On April 7, 2013, the Defendant made a false statement to the effect that, at the (ju) H office of the Defendant’s operation located in Seocho-gu Seoul Special Metropolitan City, Seoul Special Metropolitan City, the Defendant “The above victim C shall be established by the agreement on the operation of the Haba restaurant by April 30, 2013, to pay off obligations to the creditors I instead of performing obligations within the scope of the said agreement.”

However, the defendant did not have the intention or ability to allow the victim to enter into the above on-site restaurant operation contract.

The defendant deceivings the victim as above, and has the victim who is under his control.