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(영문) 광주지방법원 순천지원 2012.12.20 2012고단1780
사기
Text

A person shall be punished by imprisonment with prison labor for not less than six months for the crimes of No. 2 and No. 3 as stated in the judgment of the defendant, respectively for two months.

Reasons

Punishment of the crime

On June 26, 2002, the Defendant was sentenced to imprisonment with prison labor for 10 months and 2 years of suspension of execution for fraud in the Gwangju District Court's Net Branch, and on October 28, 2003, the same court was sentenced to 10 months of imprisonment with prison labor for fraud, and the judgment became final and conclusive on November 1, 2003, and the execution of each of the above punishment was terminated on February 20, 2005.

On November 5, 2009, the Defendant was sentenced to a two-year imprisonment for fraud and embezzlement in the Gwangju District Court’s Netcheon Branch on November 13, 2009, and the judgment became final and conclusive on November 13, 2009, and paroleed on March 30, 201 during the execution of the sentence and expired on April 17, 201.

"2012 Highest 3098"

1. The Defendant was a de facto operator of the Incorporated Agricultural Company C.

On February 2, 2007, the Defendant stated that “In order to newly construct a public hall in the Sungung-gun Station, the Defendant loaned KRW 150 million in the name of the balance of land and design expenses and operating expenses that would have contracted the construction to the Goung-gun Station. On the construction of a new factory, the government would pay 80% of the total construction amount to the 30% of the initial funds if the 30% of the total construction amount is provided with the initial funds and the facilities are installed.”

However, the Defendant did not have any land purchase funds and construction funds, and not only did not have any certain income, but also borrowed money from the firstman of January 2007 with intent to give a contract for the said construction works to E, and thus, the Defendant did not have the ability to have the said construction works executed or repay the borrowed money to the victim.

As above, the Defendant, who belongs to the victim, received KRW 60 million from the victim's seat as the borrowed money, and received KRW 135 million in total from the victim's transfer to the account in the name of the Defendant's fatherF on February 15, 2007, KRW 20 million on February 23, 2007, KRW 40 million on March 1, 2007, and KRW 5 million on March 8, 2007, respectively.

"2012 Highest 1780"

2. The Defendant, at around 13:00 on May 16, 201, around 13:0, 201, in front of the Nonghyupcheon-dong Agricultural Cooperative.

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