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(영문) 전주지방법원 2015.02.16 2014고단1675

사기

Text

A defendant shall be punished by imprisonment for not less than two years and six months.

Reasons

Criminal facts

On June 2, 2005, the Defendant was sentenced to imprisonment with prison labor for fraud at the Jeonju District Court for one year and two months, and was released on November 30, 2005 in the Jeonju Prison on parole on the execution of the sentence, and the parole period was expired on February 4, 2006.

[2014 Highest 1658] On June 19, 2014, the Defendant presented the name of “KH Energy Management Director A” to the victim in the “E station operated by the victim D, the Kim Jong-si, Kim Jong-si,” and “B has served in the KH Energy, and there is a gas transport vehicle coming from Daejeon to sasan, 120 drums, and there remain 60 drums among these cases, and there remain 60 drums from the sasan to the sasan, and there are more than 60 drums to purchase them at a lower level than the market price.”

However, in fact, the Defendant did not work for KH energy, and did not have oil to be supplied to the victim. As such, even if he received the oil payment from the victim, he did not have an intent or ability to supply oil as agreed upon.

As above, on September 20, 2014, the Defendant, by deceiving the victim, was transferred 18,180,000 won to the Agricultural Cooperative Account under the name of the Defendant, under the name of the Defendant.

Accordingly, the defendant was given property by deceiving others.

[2014 Highest 1675]

1. Crimes against victim F;

A. On September 23, 2008, the Defendant stated that, at around 13:00 on September 23, 2008, the Defendant used the “G” name-based restaurant located in the friendly children of the Young-gu Seoul Special Metropolitan City, Seoul Special Metropolitan City, and the victim F, “in Korea, it is the head of the planning and budget division of the front-time viewing city, and the money is required for the purpose of being out of the counters to conclude a subcontract for Nowon-gu restoration work.”

However, the defendant was not the director of the planning and budget division of the prime viewing, and even if he received the money from the victim, he did not have the intention or ability to use it as the foreign fund and did not have the intention or ability to return the money.

The defendant shall be the same day from the victim.