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(영문) 수원지방법원 안양지원 2018.08.24 2017고단1531

사기

Text

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

Reasons

Punishment of the crime

[criminal records] On May 17, 2007, the Defendant was sentenced to ten months of imprisonment for fraud at the Changwon District Court, and the execution of the sentence was terminated on December 10, 2008 at the Changwon Prison on December 24, 2007.

[Criminal facts]

1. The defrauded C is a person who operated a service office of the trade name E located in Seo-gu Busan, Seo-gu, and the defendant was a person who operated F with the above E office to conduct roof measurement business, adjoining construction business, etc.

The written indictment states that the defendant operates E and the victim C operated F, but according to the adopted evidence, it is recognized that the victim C operates E and the defendant conducted the roof measurement and adjoining construction work, and the written indictment appears to be a clerical error, and even if corrected, it is deemed that there is no hindrance to the guarantee of the defendant's right to defense.

A. On September 16, 2009, the Defendant, at the above office around September 16, 2009, would allow the victim to engage in G cleaning services, with the knowledge of the door of G in the Gyeongnam-do.

In order to do so, the former service company's funds necessary for the cancellation of the service are required."

However, in fact, the defendant received money from the injured party for the purpose of the rebates fund and thought to use it as living expenses, etc., and there was no intention or ability to allow the work of G cleaning services.

Nevertheless, on September 16, 2009, the Defendant: (a) by deceiving the victim; (b) received KRW 6 million from the victim to the post office account (H) in the name of the Defendant; and (c) received KRW 16 million from the Saemaul Treasury account (I) in the name of the Defendant on October 21, 2009; and (d) acquired KRW 16 million in total by transfer from the Defendant’s Saemaul Treasury account (I) around October 21, 2009.

B. On November 9, 2009, the Defendant, at the above E office around November 9, 2009, transferred the victim to the west west by Seoul Yongsan JJ to move the mobile strawer and receive the orders of construction.