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(영문) 전주지방법원 군산지원 2019.06.26 2018고단1517

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 July 12, 2018, the Defendant was sentenced to 7 years of imprisonment with prison labor for the violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) in the Jeonju District Court's Military Mountain Branch on July 12, 2018, and the judgment was finalized

【Criminal Facts】

The Defendant, on October 2016, 2016, told the victim B to pay KRW 96,000,000,000,000 per month to the party at the construction site by saying, “I will take over KRW 96,00,00,000 to the party at the construction site and pay KRW 96,00,00,00,000 per month to the party to the other party,” at the beginning point of the trade name in the Seocho-si Port in the Seocho-si Port Movement, which was located in the Seocho-si Port in the early October 2016.

However, in fact, the defendant did not have a sofaculation to deliver to the victim, and only he thought that he would use the money received from the victim to repay the existing debt, so even if he received the money from the victim, he did not have the intent or ability to pay the amount of KRW 9 million per month by transferring the sofaculation to the victim or receiving the money from the victim.

Nevertheless, the Defendant, as above, by deceiving the victim and then deceiving the victim, received the total amount of KRW 50 million from the victim on October 18, 2016, and KRW 46 million from October 19, 2016 to the corporate bank account (C) in the name of the defendant under the name of the defendant as the proceeds of cutting off.

around 20:00 on September 20, 2017, the Defendant stated that “The victim F is the representative director of G, and if he purchases one dump truck to be used at the home construction site, he/she shall invest the dump truck purchase fund to reduce the monthly profit.”

However, the Defendant had already closed his business around December 31, 201 while operating a limited company G.