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(영문) 창원지방법원 2020.11.13 2020고단2805
사기등
Text

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

Reasons

Punishment of the crime

1. Fraud;

A. At around 11:00 on July 17, 2020, the Defendant told the victim D to “a subcontractor operates a subordinate company under the E, and there is a case of repair works for the power plant in Pakistan.” As such, the Defendant would give KRW 36 million to the victim for a half of a month,” and on the same day, at the unclaimed land around 15:30 on the same day, the Defendant called “a victim shall deposit KRW 3 million with the victim by telephone.”

However, in fact, the defendant could not have the victim work for the power plant construction because he operated the E subcontractor or did not perform the repair work for the power plant in the Pakistan. The defendant thought that the victim would use the money received from the victim to pay his debt, and there was no intention or ability to purchase the airline ticket.

On July 17, 2020, the Defendant deceptioned the victim as above, and received three million won from the victim to the account in the name of F, one of his creditors, under the pretext of the expenses for the issuance of airline tickets.

B. On July 19, 2020, the Defendant stated that “The Defendant will return money up to July 23, 2020 to the victim by telephone,” which read, “The Defendant will return money up to July 23, 2020 to the victim by telephone.”

However, in fact, the Defendant could not be able to let the victim work for the power plant due to the management of E subcontractor or the repair work of the power plant in Pakistan, and the Defendant was thought to use the money received from the victim to repay his/her debt, and had no intention or ability to return the money until the period the victim promised.

On July 20, 2020, the Defendant, as seen above, was delivered KRW 1.7 million to the account in the name of oneself and KRW 6 million to G account in the name of hotel expenses and business promotion expenses from the victim.

2. The Defendant forged private documents from H around August 29, 2018.

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