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(영문) 전주지방법원 2013.03.14 2012고단1921
사기
Text

A defendant shall be punished by imprisonment for a term of one year and two months.

Reasons

Punishment of the crime

[2012 Highest 1921]

1. On May 2005, the Defendant made a false statement to the effect that “Inwards C know well about the division of the accounting of land construction. By requesting the director of the accounting division to find employment in the land construction corporation, the Defendant made a false statement to the effect that “Inwards C know about the division of land construction.”

However, even if the defendant received money from the victim due to the failure of the director of the accounting division of the land corporation or personnel management-related personnel at the time, he did not have the intention or ability to find employment for the land corporation.

Around May 12, 2005, the Defendant had the victim transfer KRW 10 million to the land corporation under the pretext of giving the victim's children to the bank account in the name of the Defendant's living woman at the NA from among the NAF branch located in the NAF in Jeonju-si, Jeonju-si.

In addition, from around that time to July 3, 2006, the Defendant received a total of KRW 32.8 million from the victim to find out his children in the land construction work seven times in total, as shown in the attached list of crimes.

Accordingly, the defendant was given property by deceiving the victim.

2. On November 21, 2008, the Defendant made a false statement to the effect that “The Defendant would have the victim E perform civil engineering works equivalent to KRW 5.3 billion at the apartment site located in the Syang-dong apartment site located in Ansan-si, Ansan-si.”

However, in fact, the Defendant did not have at all the F Company’s shares at the time, and did not participate in the management thereof, but did not have the position to have the F Company’s former position as a business operator and did not have the said Civil Works Corporation as a victim. Since F Company did not have the position to have the said Construction Company entered into an implementation contract with the said Building Company, it was from the victim.

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