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(영문) 전주지방법원 2021.02.03 2020고단1509
사기
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

[criminal records] On August 13, 2018, the Defendant was sentenced to imprisonment with prison labor for six months with prison labor for fraud to the Jeonju District Court on August 13, 2018, and the judgment became final and conclusive on August 21, 2018. On December 14, 2018, the same court was sentenced to a suspended sentence of two years for imprisonment with prison labor for the same crime, and the judgment became final and conclusive on December 22, 2018.

[Criminal facts]

1. On July 26, 2016, the Defendant made a false statement to the victim D, stating, “The boiler removal contract to remove the E building located in the Seojin-gu Seoul Special Metropolitan City, Seojin-gu, Seoul Special Metropolitan City, that “The boiler removal contract to remove the E building at the time of residing in the North Korean border shall be 10,000,000 won, and 20,000,000,000,000,000,000,000.”

However, even if the defendant received the above money from the injured party, he did not have the intent or ability to remove boiler rooms.

As such, the Defendant, by deceiving the victim by such a method, received from the victim to the G bank account of F on the 27th day of the same month the remittance of KRW 10,200,000 from the victim, as shown in attached Table 1.

8. A total of KRW 23.2 million was remitted until December 25, 200.

2. On August 6, 2016, the Defendant made a false statement to the victim by telephone, stating, “H is a general manager for the construction of an apartment building located in the Gunsan-si, and is entitled to operate the restaurant at the construction site, and first, the Defendant changed the cost of KRW 1 million.”

However, in fact H is not the general manager of the apartment construction site located in the Gunsan-si, so there was no intention or ability to grant the right to operate the restaurant.

As a result, the Defendant deceiving the above victim by such a method, and received a total of 6.73 million won from the damaged person by five times until the 13th of the same month, such as the second list of crimes in the annexed Table 2.

3. On August 18, 2016, the Defendant made a false statement by phone to the victim, stating that “The part payments are insufficient at the site of removal in Seoul.”

However, even if the defendant borrows money from the injured party, he shall pay it.

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