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(영문) 광주지방법원 2015.07.15 2015고단877
사기
Text

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

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

Reasons

Punishment of the crime

From around 2006, the Defendant: (a) from around 2006, he saw the gas charging station and the gas station operated by the victim C, which had been released as a customer by the victim C; and (b) he stored the kind of relationship with the victim.

1. On August 6, 2009, around August 6, 2009, the Defendant made a false statement that “Around August 6, 2009, the Defendant, at the Egas charging office operated by the victim in Jeonyang-gun-gun D, considered the victim as a matter of permission due to entering the gas charging station in front of the gas filling station,” and “A victim would obtain permission to enter the gas charging station in front of the gas filling station, so the victim would be 3 million won at the expense.”

However, even if the defendant received money from the victim, he did not have the intention or ability to obtain permission to occupy and use the road from the beginning because he did not want to use it as personal living expenses, but did not request the service to the design office or the application for permission to occupy and use the road in relation to the permission to occupy and use the road due to gas charging stations.

As such, the Defendant, by deceiving the victim and deceiving the victim, obtained KRW 3 million from the victim on the same day, and obtained KRW 5 million from the Gwangju Bank account (G) in the name of the Defendant living together with the Defendant on July 12, 201.

2. On October 27, 2009, the Defendant made a false statement that, at the place under the preceding paragraph around October 27, 2009, the Defendant would sell money to the Defendant with the permission of the soil borrowing place if the Defendant borrowed KRW 10 million at its own expense, the Defendant would have to sell money to the Defendant with the permission of the soil cutting place.

However, in order for the defendant to obtain the permission of the borrow place, the defendant must be an enterprise equipped with technical human resources and equipment, and the defendant has no ability to obtain the permission of the borrow place due to the lack of such requirements, and the defendant's house and other property owned by the defendant are auctioned.

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