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(영문) 전주지방법원 정읍지원 2014.05.13 2013고단61

사기등

Text

Imprisonment with prison labor for each of the crimes of paragraphs 1, 3-a, and 5 of the 2013 Highest 61 of the decision of the defendant.

Reasons

Punishment of the crime

[2013Kadan61] The Defendant was sentenced to eight months of imprisonment for fraud in the Jeonju District Court’s Seoul District Court’s branch on April 15, 2010, and the execution of the sentence terminated on October 5, 2010. On February 16, 2012, the Defendant was sentenced to two years of suspended sentence for six months of imprisonment for the same crime in the same court, and the judgment became final and conclusive on February 24, 2012.

【Criminal Facts】

1. Fraud against victim D;

A. On October 19, 201, the Defendant concluded that “The Defendant would repay money borrowed subsequent to the month when he/she borrowed the money, as he/she requires three million won to enter into a contract with the victim D by telephone at an irregular place.”

However, even if the defendant borrowed money from the victim, he did not have any intention or ability to repay it.

As such, the Defendant was given money KRW 3 million to a national bank account in the name of E, in which the Defendant knew of the same day from the victim by deceiving the victim as such.

B. On October 201, the Defendant concluded that “The Defendant would lend KRW 10 million to the Defendant, if the price of pine trees supplied at the workplace where he works in Korea, is paid within one week” to the victim at the G bar located in the Jung-gu, Jung-gu, Jung-gu, Jung-si.”

However, even if the defendant borrowed money from the victim, he did not have any intention or ability to repay it.

Around November 1 of the same year, the Defendant, by deceiving the victim, received KRW 10 million from the victim to the post office account in the name of the Defendant H.

2. On May 2012, the Defendant made a false statement that “The Defendant would pay food expenses to the victim on a 15-day basis, i.e., giving the victim a 15-day basis for the extraction and cutting of sprinks and extractions from South Koreawon, and the father would cause meals to the victim.”

However, even if the defendant was provided with meals, he did not have the intention or ability to provide the meal cost.