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(영문) 서울동부지방법원 2016.12.23 2015고단3792

사기등

Text

A defendant shall be punished by imprisonment for not less than eight months.

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

Reasons

Punishment of the crime

[Criminal Power] On February 3, 2016, the Defendant was sentenced to imprisonment with prison labor for six months for fraud in the Daegu District Court Port Support, and the judgment became final and conclusive on the 12th of the same month.

【Criminal Facts】

1. Since the second half of 2008, the Defendant was in a bad credit position while paying excessive amounts of credit card payments, etc., and thereafter, the Defendant had been in a bad credit position and had been performing his/her obligations with his/her clients, etc. in the so-called “competing” form without obtaining any particular profits, and even if purchasing goods, there was no intent or ability to pay the price normally, and there was no intention or ability to pay the price normally even if entrusting the construction works to another company, and there was no intention or ability to pay the price normally even if lending the money.

Nevertheless, on December 23, 2008, the Defendant made a false statement that “I would pay the said money in return for the payment of a salary to the President 1,500,000 won” in the Dial General operated by the Victim C in Nam-gu, Nam-gu, Seoul.

After deceiving the victim as such, the Defendant received from the victim one set of car in the amount equivalent to the above amount.

In addition, from that to June 16, 2013, the Defendant received property or acquired property benefits from the victims in total of 55,338,490 won from the victims over 55 times, as shown in attached Table 1.

2. The Defendant was engaged in the business embezzlement business from March 9, 2013 to June 16, 2013 and engaged in the business of checking directors and collecting directors’ money.

On March 22, 2013, the Defendant prepared a contract with the customer H and director contract in Yangcheon-gu Seoul Metropolitan Government G Apartment 204 Dong 302, and received 50,000 won, which is a part of the directors' payments, as contract deposit, for the victim.

However, around that time, the defendant suffered the above money from the non-permanent area Seoul.