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(영문) 전주지방법원 군산지원 2016.04.27 2015고단972

사기

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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On February 11, 2014, the Defendant calls to the victim C, who is a junior high school, and calls to the victim C, who is a next high school, for an auction, the Defendant would have the said building awarded a successful bid of KRW 23 million, if the bid amount is KRW 230 million,000,000,000,000.

“.........”

However, the above building did not have any intention or ability to allow the defendant to win the contract even if the defendant receives the bid cost from the injured party because it was not true that the above building applied for auction.

Ultimately, on February 12, 2014, the Defendant, by deceiving the victim, was transferred KRW 23 million to the Agricultural Cooperative Account under the name of the Defendant E, from the victim.

2. On February 12, 2014, the Defendant called, “In order to obtain a successful bid of the sub-dong building, the Defendant called, “The Defendant would bring one Chapter for the Habck 500,000 won gift certificates to the head of the next branch office of the Republic of Korea, the National Bank of Korea, upon request by the victim.”

However, for the same reasons as Paragraph 1, the defendant did not have any intention or ability to make the above building successful tender even if the defendant received merchandise coupons from the injured party.

In the end, the Defendant, by deceiving the victim as above, received from the injured party one copy of a gift certificate of KRW 500,000 from the “G” coffee store located in F in the following month following the same day.

3. On March 11, 2014, the Defendant, “I” in the “I” coffee shop located in He, Y, Y, and thus, provided that “Before the cancellation of the auction of the secondary building.”

The amount of KRW 23 million plus KRW 15,00,000,000 will be invested in the SF industry, which is the Mechan distribution company. On the other hand, 10,000 shares will be distributed together with the position of directors of the above corporation.

“.........”

However, even if the Defendant received money from the injured party, he did not intend to invest the money in the ( U.S.) EFF industry, and the Defendant is able to reduce the position or shares of the said corporation to the injured party for lack of any connection with the said corporation.