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광주지방법원 목포지원 2018.07.20 2018고단44

A defendant shall be punished by imprisonment for not less than one year and six months.

The defendant shall pay 13,500,000 won to the applicant for compensation.


Punishment of the crime

On September 13, 2017, the Defendant was sentenced to imprisonment of one year and six months for fraud at the Jeju District Court, and the judgment became final and conclusive on September 21, 2017.

[2018 Highest 44]

1. Fraud;

A. The Defendant against the victim D by phone call around 14:00 on September 1, 2015 and transferred to the victim D by up to 11:00 on September 1, 2015.

If a person fails to remit KRW 500,000 per day, he/she makes a false statement that he/she will repay KRW 1 million after 15 days.

However, the Defendant did not have any intention or ability to pay the money borrowed from the victim D on the following day.

Nevertheless, the defendant made such a false statement, and he was transferred KRW 500,000 from the victim D to the Saemaul Treasury account of the defendant.

Accordingly, the defendant was given property by deceiving the victim D to receive property.

B. On June 29, 2016, the Defendant entered into a contract with the victim C on the third floor of the management office of the occupancy management office of the building E at Jeju, and concluded a contract for the interior of the building with the victim C. On the third floor, the Defendant made a false statement to the effect that “Isk, fry, fry, frying, and Isreging must first collect the price of the materials from the customer, so Isreging should first collect the price of the materials from the customer.”

However, even if the defendant receives materials from the victim C, he thought that all of them will be used for the defendant's personal debt repayment and other payment of construction cost, and he did not have the intent or ability to execute the interior construction of the victim C's building.

Nevertheless, the Defendant, as such, by deceiving the victim C, received eight million won from the victim C to the new bank account of F on the same day from the victim C, from that time, and by deceiving the victim C, such as the statement in the list of crimes in attached Form C, until July 21, 2017, and received a total of three million won from the victim C as the contract price.

In this respect.