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(영문) 부산지방법원 2015.08.20 2015고단1649
사기
Text

As to the crimes listed in the 1 to 3 of the judgment of the defendant, the crimes listed in the 4 to 6 of the judgment shall be punished by imprisonment for 10 months.

Reasons

Punishment of the crime

[criminal power] On August 26, 2008, the defendant was sentenced to one year and six months of imprisonment for fraud at the Busan District Court, and on March 20, 2009, the same year was provisionally released on April 30, 2010 while he was sentenced to four months of imprisonment for fraud at the same court and was serving in the Busan Detention House.

6. 23. The remaining term of imprisonment was expired, and on July 27, 2012, the Busan District Court sentenced two years to a suspended sentence of imprisonment for a crime of fraud at the Busan District Court on October 27, 2012, and the judgment became final and conclusive on November 2, 2012.

【Criminal Facts】

1. On August 30, 2012, the Defendant stated that “The head of the management department of the CK Co., Ltd., a foreign company located in the Gyeonggi-do Suwon District, is well aware of the head of the management department of CK, which is a foreign company located in the Suwon-do Suwon District,” and that “B shall employ the children on the face of the payment of the LAF to this company.”

However, in fact, the Defendant did not have any of the executives and employees of the CCK and was expected to use the money for the cost of living, and therefore there was no intention or ability to find employment of the victims in the CCK even if receiving the money from the victims, even if they did not receive the money from the victims.

As such, the Defendant, by deceiving the victim, obtained 30 million won cashier's checks from the victim on the same day.

2. Around September 28, 2012, the Defendant stated that “Around September 28, 2012, the victim D shall have a 18 household united on the ground of Sacheon-si E 290 square meters,” and that “A 20 million won is to be used as land purchase price, etc., and a 1/2 share of the 1/2 share of a newly constructed loan will be transferred.”

However, the fact was that the Defendant was not authorized by F, the owner of the land at the time of the above, and the Defendant was scheduled to use the Defendant’s personal debt repayment, etc. even if receiving the money from the victim, and thus, it eventually borrows money from the victim even if receiving the money from the victim.

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