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(영문) 광주지방법원 2014.02.13 2013고단4795

사기

Text

A defendant shall be punished by imprisonment for four months.

except that 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

1. On July 201, 201, the Defendant falsely stated that “The victim E will be entrusted with F work and start from the end of October 201, 201. The Ethrging will allow the Ethrging to perform landscaping and removal work. If the expenses need to be incurred, the Defendant will receive advance payment after the start of the construction.”

However, it was true that the Defendant received a subcontract from G, which is a main contractor for the FF creation work, on May 201. However, on June 17, 201, the Defendant agreed that H gives I a subcontract with H of the branch president of G, the president of the Republic of Korea, and the right of removal construction. Therefore, even if receiving money from the victim, the Defendant did not have the authority or ability to perform construction work, such as landscaping.

On August 3, 2011, the Defendant received KRW 24.7 million from the victim to the account in the name of the Defendant, and acquired it by fraud.

2. On November 2, 2011, the Defendant made a false statement to the said victim E, stating that “The office shall purchase office fixtures, and shall be repaid immediately if the payment is made instead of the payment.”

However, the defendant did not have any intent or ability to pay credit card payment to the victim, unless he/she bears a debt equivalent to about 100 million won.

The Defendant purchased a fiduciary, etc. from the “J” on the same day, and acquired a 3.7 million won credit card in the name of the victim and a 8.5 million won credit card in cash from the victim.

3. The Defendant, at the D office as described in the foregoing paragraph 2 at the end of January 2012, 201, said victim E, stating, “The denial of the president of F Execution Agency was hospitalized in Ampha, and if there is no hospital expenses, it would be repaid immediately.”

However, there is no property that the defendant bears the obligation equivalent to about 10 million won, and even if he borrows money from the victim, he/she did not have the intention or ability to repay the money.