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(영문) 전주지방법원 군산지원 2017.07.19 2017고단162

사기

Text

From among crimes No. 1 of the judgment of the defendant, the defendant is sentenced to imprisonment with prison labor for 6 months in the case of the crime committed in attached Form No. 1 (1) to 69.

Reasons

Punishment of the crime

On November 20, 2015, the Defendant was sentenced to a suspended sentence of one year and six months of imprisonment for fraud in the Jeonju District Court's Militarysan Branch, and the said judgment became final and conclusive on the 28th of the same month.

"2017 Highest 162"

1. On February 1, 2015, the Defendant made a false statement to the victim D at the studio where the Defendant residing in Namwon-si, Namwon-si, stating, “If he wishes to retire immediately from the studio in Korea, he will pay 130 million won of retirement allowance from the company, and after his retirement, he will pay 20 million won of retirement allowance from the company to the studio to operate a business that supplies construction materials to each branch, and after his retirement, he will pay the profits by running the studio and make up the profits with retirement allowance even if he suffers losses.”

However, in fact, the defendant thought that he would receive money from the injured party to use his personal debt or living expenses, etc., and around that time, the retirement pay to be paid from the company after retirement is limited to the amount of KRW 40 million, while he had a debt of KRW 200 million or more without any property.

As above, the Defendant: (a) by deceiving the victim as above; (b) received from the injured party the remittance of KRW 1,400,000 to the E’s account in the name of the Defendant’s father-child on the same day; and (c) had, from March 18, 2016, received a total of KRW 101,040,000 from the injured party on 111 occasions, as shown in the annexed Table of Crimes List (1).

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

"2017 Highest 382"

2. Fraud;

A. On May 1, 2016, the Defendant is expected to repay the interest and the collection expenses up to a month when he/she lent KRW 15 million to the victim H of Choyang, who is the Defendant’s residing in Ilyang-si F, to supply construction materials to the road construction.

The phrase “ makes a false statement.”

However, the defendant receives money from the injured party and shares.