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(영문) 대전지방법원 2014.05.23 2014고단990
사기
Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

On August 7, 2009, the Defendant was sentenced to one year and six months of imprisonment for fraud, etc. in the Daejeon District Court Branch Branch of the Daejeon District Court on March 6, 2010, and the execution of the said sentence was terminated at the Daejeon Prison on March 6, 2010. On December 12, 2013, the Daejeon District Court sentenced the Defendant to four years and six months of imprisonment for fraud, which became final and conclusive on March 13, 2014 by a judgment of the Supreme Court, and on May 2, 2014, the said judgment became final and conclusive on May 10, 2014.

On January 14, 2014, the defendant was sentenced to three months of imprisonment for fraud at the Daejeon District Court, and is currently pending in the appellate trial.

On December 5, 2012, the Defendant made a false statement to the victim JJ, which became aware of through I, stating that “I will immediately return the full amount of the down payment to the head of the management office and the occupants’ representatives, with respect to the bid for childcare facilities in the Geong-gu Seoul Metropolitan Government and the 591 Hembol Apartment apartment complex located in the Gyeonggi-si, Gyeonggi-do.” The Defendant made a false statement to the effect that “I will immediately return the full amount of the down payment when I will not cause the contract within the prescribed period.”

However, in fact, due to the failure of the head of the management office of the above apartment and the representative of the occupants, there was no intention to contact with the above people, and there was no ability to enable the victim to be tendered for the above nursery facilities, and the defendant had already been forced to operate the above nursery facilities or insignias to another person, and the defendant has already been charged with a large amount of debt due to the fact that he had already been accused of fraud, and there was no intention or ability to refund the down payment if the bid is not a sexuality.

Nevertheless, the Defendant is the Agricultural Cooperatives Account in the name of the FF designated by the Defendant from the victim, with the sum of KRW 10,000,000 as the contract deposit, and KRW 20,000,000 as the same name around the sixth day of the same month.

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