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(영문) 광주지방법원 장흥지원 2018.09.20 2017고단162

사기

Text

A defendant shall be punished by imprisonment for a period of five months.

The request of the applicant for compensation shall be dismissed.

Reasons

Punishment of the crime

[Criminal record] On May 18, 2017, the Defendant was sentenced to a suspended sentence of six months of imprisonment with prison labor for fraud, etc. at the Gwangju District Court, and the judgment became final and conclusive on May 26, 2017.

[2] On November 2015, the Defendant, “2017 Highest 162,” presented to the victim’s “F station operated by the victim E, who had been the victim E, who had been the police officer of the South Heung-gun,” the Defendant made a false statement to the effect that the victim “I will pay off the necessary fuel on credit, which is the director of G, and if you supply the necessary fuel on credit, I will pay off the fuel at the end of each month.”

However, in fact, the defendant was not a director of the G, and there was no intention or ability to pay the price even if he was supplied with oil.

Nevertheless, the Defendant: (a) by deceiving the victim as above; and (b) supplied the victim with oil equivalent to KRW 4,604,980 in total over 103 times from November 19, 2015 to February 18, 2016.

The Defendant, on July 2016, 2016, worked for the victim H as “J projects for Jeoncheon-si and 17 lots of land (the total size: 67.7 p.m.) in order to compensate for the total construction cost of KRW 29.5 million and the construction period of KRW 2,9.5 million from July 12, 2016 to August 20, 2016, on the following grounds: (a) the Defendant would compensate the victim H for construction cost of KRW 2,950,000 in the event that the work within the period is not completed; and (b) the Defendant would compensate for the construction cost of KRW 2,00 in the event that the work within the period is not completed.

The contract was drawn up on July 19, 2016 with the same content.

However, even if the Defendant received the advance payment from the injured party, it was thought that it would be used mainly for personal purposes, such as living expenses, and there was no intent to normally supervise and proceed with the above J work, and according to business practice, the above work should first be carried out and completed by investing personal funds, and there was no money at the time of the Defendant’s completion. Therefore, there was no intention or ability to perform the above contract

The defendant deceivings the victim as above, and is delivered KRW 5 million from the victim who was under his control as the starting fee on July 29, 2016.