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(영문) 수원지방법원 2014.02.05 2013고단1495

사기

Text

Defendant shall be punished by imprisonment for up to eight months with prison labor and up to eight months with prison labor for the remainder of crimes, respectively, in respect of a case 2013 group or 1495.

Reasons

Punishment of the crime

On February 16, 2006, the Defendant was sentenced to one year of imprisonment with prison labor for a violation of the Door-to-Door Sales, etc. Act at the Daejeon District Court on October 6, 2006, and completed the execution of the sentence at the Daejeon District Court on August 29, 2007, and the Daejeon High Court sentenced one year and three months of imprisonment with prison labor for a violation of the Aggravated Punishment of Specific Economic Crimes Act (Fraud) on December 14, 2007, which became final and conclusive on November 26, 2008. On November 26, 2008, the Daejeon High Court sentenced one year of imprisonment with prison labor for a violation of the Aggravated Punishment, etc. of Specific Economic Crimes Act (Fraud) at the Daejeon District Court on December 2, 2009, and on December 29, 2011, the judgment became final and conclusive on January 29, 2013.

[2013 Highest 1495]

1. On April 19, 2007, the Defendant made a false statement to the victim C that “A contract for the electrical construction of the “E” during the construction process in (ju) Do which is run within the limit of 20 million won, shall be given to the victim C in the vicinity of Seocho-gu Seoul Metropolitan Government Seocho Arts Center, and the borrowed amount shall be repaid until May 30, 2007.”

However, there was no funds to implement the said new construction, and there was no intention or ability to make a contract for electrical construction or to repay borrowed money even if the said funds are paid from the victim, since it was not possible to normally conduct the new construction project because only acquired permission for conversion of the use for the purpose of new construction of a house and it was not clear whether it acquired permission for the purpose of new construction of a house.

The defendant, on April 20, 2007, received a total of KRW 10 million from the victim and KRW 20 million around the 24th day of the same month from the victim to the account in the name of the defendant.

2. On July 2, 2007, the Defendant, at the office of (ju) DD operated by the Defendant located in Suwon-si F, issued to the Victim G the check amount of KRW 50 million for the issuance of the check amount of KRW 50,000,000, from the office of (ju) D, which is operated by the Defendant, at Suwon-si.