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(영문) 광주지방법원 2014.04.23 2013고단4572
사기
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

Reasons

Punishment of the crime

[Criminal Power] On September 20, 201, the Defendant was sentenced to the suspension of the execution of eight months of imprisonment for fraud at the Gwangju District Court, and the said judgment became final and conclusive on September 28, 2011.

[2013 Highest 4572] The Defendant, a person who served as the head of the Gwangju Metropolitan City branch of the Gwangju Metropolitan City Group, was aware of his position by deceiving the victim E to receive money from the victim E so that he can acquire the right to operate the funeral hall of the D Hospital with excessive status.

1. On Oct. 1, 2009, the Defendant stated that “In the office of the Gwangju metropolitan branch of the C organization in Gwangju Northern-gu, Gwangju, the head of the C organization in Gu of Gwangju, the head of the C organization in Gu of Gwangju, the head of the C organization in Gu of Gwangju, the head of the D organization in Gu of Gwangju, the head of the D organization in Gu of Gwangju, the head of the D organization in Gu of Gwangju, would be entitled to operate the funeral hall, and the head of the D organization would receive this operating right until January 201, which would change the deposit amount of KRW 50

However, even if the defendant receives money as a security deposit, he/she did not have any intention or ability to return the money if he/she acquired the right to operate the funeral hall of the D Hospital and received it.

On November 12, 2009, the Defendant, by deceiving the victim as above, was issued one cashier’s check ( check number: G) issued at the school Dong branch of the Gwangju Bank around November 12, 2009 by the victim.

2. Around July 2, 2010, the Defendant told the victim at the same place as Paragraph 1, that “Around July 2, 2010, the Defendant would be able to comply with the funeral hall operating right immediately if the amount of KRW 30 million is added.”

However, even if the defendant receives money under the pretext of expenses, he/she did not have any intention or ability to return the money received when acquiring the right to operate the D Hospital Funeral hall and giving or failing to obtain it.

The defendant deceivings the victim as above and issued at the school Dong branch of the Gwangju Bank from the victim.

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