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(영문) 광주지방법원 2015.09.17 2014고단2692
사기등
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

Reasons

Punishment of the crime

On April 28, 2005, the Defendant was sentenced to imprisonment with prison labor for two years and six months and three years and six months of imprisonment with prison labor at the Gwangju District Court on April 28, 2005 and completed the execution of the sentence at the Gwangju Prison on January 26, 201.

1. The criminal defendant tried to open a cell phone known to the victim B in Gwangju prison, but he/she was unable to open the cell phone due to the unpaid mobile phone charges, and on October 2013, he/she made a false statement to the victim B, stating that “In order to open a cell phone, he/she shall pay the unpaid mobile phone charges. In order to open the cell phone, the defendant would pay the unpaid mobile phone charges to the mobile phone agent.”

However, even if the defendant received money from the victim, he did not think that he would pay the victim's mobile phone charges, and he was able to use it as the mobile phone agency operating expenses and living expenses.

The Defendant, upon receipt of a request from the victim to “to make it possible to pay the unpaid mobile phone charges and open the cell phone,” the Defendant: (a) received the victim’s agricultural bank passbook; and (b) transferred KRW 3 million from the Agricultural Cooperative Account of the victim to the Agricultural Cooperative Account of the victim via the said passbook at around 15:20 on October 14, 2013, using the said passbook at the Nongju-gu Seoul Special Metropolitan City’s “Seoul Special Metropolitan City Branch” located in Gwangju Special Metropolitan City.

Accordingly, the defendant was given property by deceiving the victim.

2. Embezzlement;

A. At around 17:50 on December 18, 2013, the Defendant leased the G K-5 car equivalent to KRW 18.7 million at the market price, on the condition that the Defendant would pay the loan fee of KRW 70,000 per day from the victim D at the F-office operated by the victim D in Gwangju Northern-gu, Gwangju.

On January 2014, the defendant did not pay the rental fee for the above passenger car, which was requested by the victim to return the above passenger car, but rejected the return.

B. Around March 31, 2014, the Defendant embezzled the Victim H with the Victim H.

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