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(영문) 춘천지방법원 원주지원 2013.11.28 2012고단666

사기

Text

[Defendant A] Defendant A shall be punished by imprisonment with prison labor for one year and two months.

However, the above sentence shall be executed for two years from the date of the final judgment.

Reasons

Punishment of the crime

On October 10, 2008, Defendant A was sentenced to imprisonment with labor for a crime of fraud, etc. at the Chuncheon District Court (hereinafter “crime of fraud, etc.”) and the judgment became final and conclusive on December 24, 2008.

Defendant

B On December 9, 2005, as a crime of fraud, etc. (hereinafter “crime of fraud, etc.”) at the Chuncheon District Court sentenced two years of imprisonment with prison labor for one year, and the judgment became final and conclusive on June 30, 2006. On June 12, 2009, as a crime of fraud, etc. (hereinafter “crime of fraud, etc.”) at the Chuncheon District Court, he was sentenced to six months of imprisonment with prison labor and two years of imprisonment with prison labor for the crime of fraud, etc. (hereinafter “crime of fraud, etc.”) and the judgment became final and conclusive on September 10, 2009 and paroled on May 20, 2010, and the execution of the sentence was terminated on June 21, 2010.

Criminal facts

1. "2012 Highest 666";

A. On September 28, 2005, the Defendants made a false statement to the effect that, upon the Defendant’s recommendation, the Defendant Company A would be prevented from selling money from selling the auction in progress to Company G with the Defendant’s loaning money, the Defendants made a false statement to the Defendant H that, “I will pay the principal to the Defendant up to December 29 of this year, and will give 1/3 of the Company’s equity interest.”

However, since the above G does not have any facilities or equipment for manufacturing and selling products, so it is impossible to pay the proceeds therefrom, even if the Defendants borrowed money from the victim, the Defendants did not intend or have the ability to pay such money, and the Defendants did not notify the victim of the fact that the above G is conducting an auction.

The Defendants received KRW 70 million in total from the victims to November 3, 2005 the said G name Agricultural Cooperative Account four times from October 7, 2005 to November 3, 2005.

As a result, the Defendants conspired to attract the victim to receive the goods.

B. On November 3, 2005, the Defendants made a false statement to the victim as referred to in the preceding paragraph at the J-Tax Accountants Office located in I of the original city, and received from the victim a check in the amount of KRW 130,000,000 from the victim, i.e., KRW 130 million.

In this respect.