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(영문) 전주지방법원 군산지원 2019.08.14 2018고단1523
사기
Text

A defendant shall be punished by imprisonment with prison labor for not more than ten 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

1. In February 2016, the criminal defendant against the victim B made a false statement to the victim that "it is a public official in the military service, who is selected as a person subject to the DNA farm housing improvement project implemented at the Gunsan City, the defendant would send KRW 60,000 to the plaintiff's land acquisition cost."

However, in fact, there was no fact that the above farm housing improvement project was implemented in the Gunsan City, and the defendant did not have the ability to select the victim as the object of the farm housing improvement project, and there was no intention to use the victim as the cost of construction in his/her long-term care hospital with the money received from the victim even if he/she received money from the victim.

As above, the Defendant, by deceiving the victim, received KRW 60 million from the Nonghyup Bank account (Account Number E) in the name of the Defendant on the same day, and received KRW 77,20 million in total from July 6, 2016 until July 6, 2016.

2. On March 29, 2018, the criminal defendant against the victim F made a false statement to the victim that he/she was aware of in the introduction of I, who was a branch in the second floor of the H Hospital's villa located in the Sinsan-si G, Gunsan-si, “I will make reimbursement within one month if I lend KRW 25 million to the public official who is a military viewing and viewing official.”

However, in fact, the Defendant did not have any intention or ability to repay the debt even if he borrowed money from the victim because he did not have any property or income in excess of KRW 200 million at the time, while he did not have any property or income.

As above, the defendant deceivings the victim and belongs thereto from the victim to the Nong Bank account (Account Number K) in the name of a limited liability company J as designated by the defendant.

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