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(영문) 전주지방법원 2017.09.26 2016고단359

사기

Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

The Defendant, on November 24, 2014, lent money to the victim C on November 24, 2014, as he/she was to receive money from F at the construction site in the following F-si E (the Defendant’s birth) and, as he/she was to receive money from F at the construction site in the following city:

“The purpose was to make a false statement.”

However, in fact, while the Defendant did not have any particular property, the Defendant was discharged from her failure to pay a fine from around 201 to her birth D, and was committed to her birth D, as well as the Defendant was responsible for the Defendant’s obligation of KRW 30 million to G H and was ordered to receive the construction work from F, and there was no construction cost to receive from F. Therefore, even if the Defendant borrowed money from the victim, there was no intention or ability to pay the money.

Nevertheless, the Defendant received 4.25 million won from the victim to the post office account (J) in the name of I on the same day from the victim and acquired it by fraud.

In addition, the Defendant, from October 27, 2014 to July 24, 2015, acquired a total of 54,500,000 won from the damaged person, as described in the attached crime sight table, through the aforementioned method, from around 27, 2014 to July 24, 2015.

On June 23, 2011, the Defendant was sentenced to a suspended sentence of two years on the part of June 23, 201, the Defendant was sentenced to a suspended sentence of six months for fraud, and the judgment became final and conclusive on July 1, 2011 (former District Court Decision 2011Sang 469), and the instant case did not constitute a single concurrent offense after Article 37 of the Criminal Act.

On July 201, 201, the Defendant is a director of M Co., Ltd., a domestic construction company, at the residence of the victim L in K, Namwon-si, Namwon-si, and the victim is the victim.

Since the construction cost of KRW 13 million is to be built at the house of the Party, the warehouse is to be deposited in the first place.

“The purpose was to make a false statement.”

However, the defendant not only does not work for M Co., Ltd., but also does not have any property, while he receives money from the injured party as a matter of contract price.

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