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(영문) 전주지방법원 2015.09.16 2015고단273
사기
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

[criminal Power] On October 20, 2011, the Defendant was sentenced to three years of imprisonment for a crime in the Jeonju District Court’s Gunsan Branch on January 15, 201, and the execution of the sentence was terminated in the Jeonju prison on January 15, 2014. On October 1, 2014, the Jeonju District Court’s Gunsan Branch sentenced ten months of imprisonment for a crime, etc. and the sentence was finalized on October 9, 2014, and is in the execution of the sentence in the Jeonju prison.

【Criminal Facts】

1. On June 17, 2014, the Defendant stated to the effect that “B is a E employee, 3 million won from the advance payment,” and the said employee sent the victim the above purport to the victim.

However, in fact, the defendant is not E employee, and since he thought that the contact was received only from the victim, he did not have the intention or ability to pay the goods even if he received the advance payment.

As above, the Defendant, by deceiving the victim, received 3 million won from the agricultural bank account (number:F) in the name of the Defendant under the name of the victim for a prior payment from the victim and acquired it by transfer.

2. On June 25, 2014, the Defendant told the victim G to the effect that “B is the president of the HH, and if the account transfer is made, the Defendant would supply goods to I operated by the Party.”

However, in fact, the defendant is not the president of H, and the defendant thought that the contact was continued with the victim only by receiving the advance payment, so even if receiving the advance payment, he did not have the intent and ability to supply the goods.

Nevertheless, the Defendant, by deceiving the victim as above, obtained 2 million won from the national bank account in the name of the Defendant (number J) under the name of the victim as a prior payment from the victim on the same day.

3. The Defendant, at around 10:00 on July 25, 2014, posted a phone to (ju operated by the Victim K, from the victim to “M.”

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