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(영문) 전주지방법원 2016.10.06 2016고단1215
사기
Text

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

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Criminal facts

[Criminal Power] On April 15, 2015, the Defendant was sentenced to a suspended sentence of one year for six months for fraud at the Jeonju District Court.

9.7 The judgment became final and conclusive.

【Criminal Facts】

1. Around 11:00 on December 3, 2014, the Defendant related to the W Corporation: “Around December 11, 2014, the Defendant agreed to provide the VictimY with approximately 20 tons of the Guidea, which was produced by performing work until December 16, 2014, at the W parking lot located in Chungcheongnam-gu, Seoul Special Metropolitan City.”

However, since the old communications line generated from the above removal site was not adequate to supply the victim, the defendant did not have the intent or ability to supply the above communications line to the victim.

Accordingly, the Defendant, by deceiving the victim as above, received the total sum of KRW 20 million from the victim on December 2, 2014, and KRW 15 million on December 3, 201, and transferred to the head of the post office Tong in the name of the Defendant.

2. AA-related Defendant: (a) around 17:00 on January 28, 2015, at the “AC” office located in Gwangju Northern-gu, Gwangju Northern-gu, “AC may not supply Y to the victim Y by failing to perform the works of goods produced in W; and (b) at the same time, 30 million won is coming from approximately 100 tons of Guide in AD, which is currently being performing the process of removing Y; and (c) within the Republic of Korea, he/she has the right to dispose of the Guide, and thus, he/she is entitled to supply 25t truck from February 5, 2015 to the 20th day of the same month.”

However, in fact, the Defendant did not have any intention or ability to supply algori to the victim, since the Defendant entered into a sales contract with AE and AA around November 2014, but did not proceed later.

Accordingly, the defendant deceivings the victim as above, and is in the name of AF on January 28, 2015 from the victim to the above post office passbook of 10 million won and the same day.

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