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(영문) 수원지방법원 여주지원 2015.09.14 2014고단870
사기
Text

The defendant shall be punished by a fine of three million won for the crime No. 2 in the judgment of the court in four months.

Reasons

Punishment of the crime

On September 3, 2009, the Defendant was sentenced to three months of imprisonment and eight million won of fine at the Suwon District Court for fraud, and the execution of the sentence was terminated in a female prison on April 19, 2009. On February 3, 2012, the Defendant was sentenced to four months of imprisonment for fraud in a female branch of the Suwon District Court on April 20, 2012, and the judgment became final and conclusive on April 20, 2012, and completed the execution of the sentence at the Suwon District Court on June 3, 2012.

1. On January 12, 2012, the Defendant committed the crime against the victim C made a false statement to the victim C, stating, “The Defendant will transfer the right to operate the brine restaurant to the Korea Earth and Gathering Corporation, Gangwon-do Yangyang-gun E, Jeju, to the victim.”

However, at the time of the conclusion of the above contract, the defendant did not enter into a subcontract contract from Yangyang-gun E in Gangwon-do, and the defendant could not continue to perform the above collection and gathering construction work without receiving the money from the victim, etc. as the construction cost, etc. because no particular property or profit was made by the defendant. In fact, even if the above construction is not actually carried out, the defendant did not have the intent or ability to transfer the right to operate the restaurant to the victim even if he was paid the money as the transfer of the right to operate

On January 20, 2012, the Defendant acquired 5 million won of a check from the victim as the down payment for the transfer of the right to operate the brin restaurant from the seat, and acquired 5 million won of a check as the intermediate payment on January 20, 2012.

2. On October 26, 2012, the Defendant committed the crime against the Victim F, the victim F in Ansan-si, Gyeonggi-do, stating that “The victim F was entitled to the construction of a breeding facility by the owner of the building. The purchase of materials and human resources necessary for the construction of a breeding facility and the cost of the construction will be paid later.”

However, in fact, the defendant would pay 16,120,000 won to workers who worked at the construction site of 2010.

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