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(영문) 대전지방법원 논산지원 2012.09.11 2011고단371
사기
Text

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

Reasons

Punishment of the crime

On November 25, 2010, the Defendant was sentenced to a suspended sentence of two years in October as a crime of occupational embezzlement in the Daejeon District Court’s Incheon District Court’s Branch on November 25, 201, and the said judgment was finalized on December 3, 2010.

1. On September 8, 2008, the defrauded stated on September 8, 2008, that “If the construction cost to be received fromG is at least 4 to 500 million won, the victim F will receive the construction cost from G and complete payment without molding until October 31, 2008.”

However, the Defendant did not have the right to receive construction payment from G, and even if he did not borrow money from another person due to no particular property or income at the time, he did not have the right to receive payment.

The Defendant, by deceiving the victim as above, received 4,850,000 won from the victim to the passbook in the name of H (Account Number I) and acquired 4,150,000 won in cash and acquired 9 million won in total.

2. On September 26, 2008, at the place indicated in the above paragraph (1) on September 26, 2008, the fraud Defendant stated that “The above victim would have repaid the payment without delay until October 31, 2008, as the construction cost to be received from theG was 4 to 500 million won, borrowed 3 million won before lending 9 million won.”

However, the Defendant did not have the right to receive construction payment from G, and even if he did not borrow money from another person due to no particular property or income at the time, he did not have the right to receive payment.

As above, the Defendant, by deceiving the victim as above, received three million won from the victim to the passbook (Account Number J) of the Defendant’s bank.

3. On October 6, 2008, the fraud defendant, at the place indicated in the above paragraph (1) of the same Article, stated that "if the defendant lends 14 million won to the above victim, he/she would sell the house living in Incheon and complete payment without molding until October 15, 2008."

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