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(영문) 창원지방법원 진주지원 2015.05.27 2013고단1252

사기등

Text

Defendant

A Imprisonment with prison labor for the first-A, C, and D's crime, for eight months, and for the first-B crime in the ruling.

Reasons

Punishment of the crime

Defendant

A, on February 24, 2011, in the Changwon District Court's Jinju branch, sentenced ten months of imprisonment for a violation of the Act on the Control of Narcotics, etc. (fence), etc., and the judgment became final and conclusive on June 22, 201, and completed the execution of the sentence on August 16, 201.

1. Defendant A

A. On December 20, 2011, the Defendant made a false statement to the Victim F (2013No. 1252) that “The Defendant would return money within two months at the latest, as the bid bond, to the Victim F with the site No. 1,50 square meters owned by the Hadong-gun, Hadong-gun, Hadong-gun, Hadong-gun, Hadong-gun, by winning a contract. The Defendant would return the money in the name of the bid bond at the latest.”

However, at the time of fact, the Defendant did not determine the customer of the sale of the aggregate extracted in relation to the aggregate extraction business, and did not know whether to yield profits from the business normally due to the lack of the initial business funds. On the contrary, there was no specific property, contrary to the fact that the Defendant had been in a bad credit condition at the time, and that there was a debt equivalent to approximately KRW 400 million (the Defendant’s building owned by the Defendant did not have property value or value at a total of KRW 356 million) within two months from the victim, who did not have any intent or ability to return KRW 20 million from the victim.

The Defendant received 20 million won from the victim to the account in the name of the Defendant’s wife on the 26th day of the same month.

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

B. On March 2010, when the Defendant came to know of the fact that a public notice of permission for use or profit-making was given to a sales facility located in M Park, a public property located in the Hadong-gun L (hereinafter “M store”), the Defendant received a bid under the name of N, pretending that N would use or benefit from the above M store, upon the request of N, known to P, and at the request of N, who was aware of it.