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(영문) 대전지방법원 2012.12.26 2012고단3444

사기

Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

On October 21, 2009, the Defendant was sentenced to imprisonment with prison labor for a violation of the Punishment of Violences, etc. Act (a habitual group, deadly weapon, etc.), and completed the execution of the sentence in the Daejeon Correctional Institution on February 26, 201, and on May 17, 2012, the Defendant was sentenced to two years of imprisonment with prison labor for a violation of the Punishment of Violences, etc. Act (a violation of a group, deadly weapon, etc.) at the Youngju District Court’s Yeongdeungpo-dong branch. The judgment became final and conclusive on July 27, 2012.

1. Crimes against the victim B;

A. From November 1, 201 to 30th of the same month, the Defendant concluded that: (a) the head of the E Working Group, which provided the number of copies in the Dispute Resolution Co., Ltd. related to the river maintenance-related river management of the victim B in the Chungcheongbuk-gun, the Defendant, within the D Office of the Dispute Resolution Co., Ltd., and (b) around December 2, 201, the Defendant, despite the victim’s intention or ability to settle labor expenses in advance, even if he received personnel expenses from the victim in advance in order to use them as entertainment expenses for the E-Site’s entertainment expenses, the Defendant falsely stated that “the Defendant would reduce the amount of money if he claims the company at the end of the month.”

As such, the Defendant, including by deceiving the victim and receiving cash of KRW 369,00 from the victim as personnel expenses, received KRW 1,674,000 in total four times until December 5, 201, as shown in attached Table 1-4, including that the Defendant received KRW 369,00 in cash from the victim.

B. On December 6, 2011, the Defendant, at the same place, concluded that, even if the Defendant received personnel expenses from the victim in advance, the Defendant did not have the intent or ability to settle the personnel expenses at the end of the month, and concluded that, “I would like to make a work for the opening of a refese sublime refing in the F of the Chungcheongnam-gun, Chungcheongnam-do, Chungcheongnam-do, and claim the Company for money by claiming daily allowances of the figures to the Company at the end of the month in advance.”

As such, the defendant deceivings the victim and belongs to it through H within the limit of the first floor of the D building in question.