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(영문) 전주지방법원 2013.10.08 2012고단3180

사기

Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for two years from the date of the final judgment.

Reasons

Criminal facts

On August 24, 2012, the Defendant was sentenced to imprisonment with prison labor for one year at the Jeonju District Court for fraud, and the said judgment became final and conclusive on September 1, 2012.

[2012 Highest 3180] Around November 7, 2011, the Defendant made a false statement to the effect that “The Defendant would install the victim’s house with 30km (the maximum electricity generation of 30km per hour)-level solar power generation facilities at this house and sell it to 430 to 460 won per production electricity.”

However, in fact, it is inappropriate for the Defendant to install solar power generation facilities at the time of the above victim’s house at a time due to the time when the house was worn out. Under the relevant regulations, the relationship with the size of the house was insufficient to install 30km solar power generation facilities, and it is well known that it is difficult to install solar power generation facilities with the electricity output of 430 to 460 won per 1 kw, and even if the price is paid after concluding the relevant construction contract from the victim, there was no intention or ability to properly install solar power generation facilities at the above victim’s house.

The Defendant had the victim sign a contract for electrical construction on the installation of solar power-driven solar power-driven solar power-driven solar power-driven solar power-driven solar power-driven solar power-driven facilities from the victim from December 14, 201 to December 19, 201, and received the total of KRW 18 million from the victim to the Agricultural Cooperative (E) account in the name of the Defendant, in two times from December 14, 201.

Accordingly, the defendant, by deceiving the victim, acquired the property of the victim.

[2] At around 10:00 on April 14, 2012, the Defendant: (a) reported printed advertising materials on the implementation of the Korea Energy Management Corporation (hereinafter “Korea Energy Management Corporation”) distributed by the Defendant at the home of the victim G located in the Southern City F; and (b) contacted the Defendant, the Defendant may install solar power plants at a low level compared to other businesses.

30KW of production power at this place.