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(영문) 전주지방법원 2014.02.11 2013고단2179
사기
Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for two years from the date of the final judgment.

Reasons

Criminal facts

On October 11, 2013, the Defendant was sentenced to eight months of imprisonment at the Jeonju District Court, and the said judgment became final and conclusive on December 13, 2013.

1. On November 16, 2012, the Defendant committed a crime involving guarantee money, stating that “The victim D would be employed as the head office secretariat of the company G head office of the company, and the amount of guarantee money is required to be KRW 3 million with the deposit of guarantee money, and that the guarantee money will be immediately returned at the time of retirement.”

However, in fact, the defendant did not have any particular property at the time, nor did he receive a certain amount of income from the office because he did not have any office operation expenses, and there was no intention or ability to return it.

On November 20, 2012, the Defendant, by deceiving the victim as such, received KRW 3 million from the victim with the former bank account (H) in the name of the Defendant on November 20, 2012.

From that time to February 14, 2013, the Defendant received a total of KRW 10 million from four victims, such as D, etc., on four occasions as indicated in the attached crime list, even if he/she did not have any intent or ability to return the money as a guarantee fund, even if he/she received the money from the victims as above, from the victims.

2. Crimes related to the cost of interior works;

A. On November 23, 2012, the Defendant falsely told the victim I to the G office located in the Seoul Special Metropolitan City Co., Ltd., Ltd. located in the Seoul Special Metropolitan City, Chungcheongnam-gu, Seoul Special Metropolitan City, that “The Defendant purchased the house located in J in the Seoul Special Metropolitan City, J, and that the construction cost will be paid upon completion of the construction work upon the completion of the interior works of the outer wall of the house.”

However, as seen above, the Defendant not only did not have any particular property at the time but also did not have any income from the office, and even if he received the construction work from the victim.

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