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(영문) 창원지방법원 2014.10.08 2014고단2145

사기

Text

A defendant shall be punished by imprisonment for not more than ten months.

Reasons

Punishment of the crime

[Attachment] Around December 2, 2010, the Defendant was sentenced to seven months of imprisonment for a crime of fraud at the Changwon District Court. Around March 29, 2011, the Defendant completed the execution of the sentence in the Changwon Prison.

[2014 Highest 2145] On July 4, 2011, the Defendant: (a) around July 4, 2011, at E’s office located in Gangseo-gu Busan Metropolitan City, the victim F made several recommendations from the savings bank prior to e.g., financing of KRW 2.5 billion; (b) in order to obtain a loan of KRW 2.5 billion, the Defendant called “the remittance of KRW 20 million to Seoul.”

However, the defendant did not have any intention or ability to lend 2.5 billion won to the victim because he did not have any intention or ability to lend 2.5 billion won to the savings bank.

Nevertheless, the Defendant, by deceiving the victim as above, received each remittance of KRW 10 million from the national bank account in the name of the Defendant on the same day as the loan expense from the victim, and acquired KRW 20 million in total from July 7, 201.

[2014 Highest 2281] Around November 16, 2012, the Defendant made a false statement to the effect that, at the office of the second floor H company office of G Apartment G apartment in Kimhae-si, Kim Jong-si, the Defendant would make a change in the grade of veterans to the next lowest class, “A person who is well aware of the current grade, which is the actual aftereffects of defoliants by the victim’s father, to the Daegu Regional Veterans Administration. There is a person who has been well aware of the current grade, which is the actual aftereffects of defoliants by the victim’s father, to make a change in the grade of veterans to the degree of veterans after defoliants or to the degree of veterans (class III) for a prompt period of one month, and at least three months, at the latest. The Defendant would demand to prepare expenses of KRW 7 million.”

However, there was no intention or ability to adjust the grade of veterans even if he did not receive money from the Daegu Regional Veterans Administration.

Around November 6, 2012, the Defendant, by deceiving the victim, received 5 million won from the victim to the corporate bank account under the name of the Defendant and acquired it by deceiving the victim.

[2014 Highest 2344] Defendant Kim Jong-si on November 8, 2011.