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(영문) 대전지방법원 2015.09.30 2015고단1079
사기
Text

A person shall be punished by imprisonment with prison labor for not less than two months for a crime of No. 1 in the judgment of the defendant, and imprisonment with prison labor for not more than six months.

Reasons

Punishment of the crime

[Criminal Power] On April 26, 2012, the Defendant was sentenced to a suspended sentence of one year for six months of imprisonment for fraud in the Daejeon District Court's Incheon District Court Support for the same year.

8.4.In the case of the indictment for which the above judgment has become final and conclusive, the same year.

8. 17."Although the above ruling became final and conclusive, it is deemed to be a clerical error, it shall be corrected ex officio;

On July 29, 2014, the Daejeon District Court was sentenced to three years of suspension of execution in the year and June of the crime of fraud in the Daejeon District Court Seosan Branch on July 29, 2014, and the said judgment became final and conclusive on June 12, 2015.

【Criminal Facts】

1. Around December 3, 2012, the criminal defendant against the victim C told the victim at the victim’s office located in Cheongju-si, a reasonable area of Cheongju-si, that “I will leave the place of the construction of the Chungcheong-gu, Chungcheong-si, Chungcheongnam-si, the internal promotion of which was carried out, and that five million won will leave the place of the removal.”

However, the fact was that the suspect thought to use the above money as living expenses, etc., and there was no intention or ability to supply the said money to the victim.

The defendant is in the same month from the victim.

7. The 5 million won, the 11.1 million won of the same month, and the 20.2 million won of the same month were received respectively, and the total amount of eight million won was acquired.

2. On July 1, 2012, the Defendant against the victim E stated that “A victim E newly takes charge of the construction of an urban-type residential apartment on two lots of land outside G, and if a temporary facility, such as a fry house leased to the existing construction site until August 15, 2012, is leased to B until August 15, 2012, the Defendant would pay 2,8960,000 won in cash by the above day.”

However, the defendant was declared bankrupt in around 2011 and became a bad credit holder in around 2013, and there was no intention or ability to pay rent according to the agreement even if the above temporary materials are leased due to no particular property or import.

The Defendant used rent of KRW 28960,000 after leasing the said temporary materials from the victim around that time.

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