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(영문) 광주지방법원 목포지원 2014.09.29 2013고단1153
사기
Text

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

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On August 2012, 2012, the Defendant made a false statement that “The Defendant would pay KRW 1,500,000 for the construction cost within ten (10) days from the date when she would start the business of opening the F, by phoneing the victim G from the F of the Defendant’s operation in Sinpo-si E.

In fact, the defendant did not have any intention or ability to pay the construction cost even if the victim had electric films construction work, since the overdue amount of the card price exceeded KRW 100,000,000.

Nevertheless, around August 13, 2012, the Defendant: (a) by deceiving the victim; (b) caused the victim to carry out the electric films of KRW 1,500,000 to the said F; and (c) did not pay the said amount; and (d) did not obtain pecuniary benefits equivalent to the said amount.

2. On August 20, 2012, the Defendant called the victim C by phoneing from the above F to the victim C, and falsely concluding that “The Defendant would pay KRW 6,500,000 for the cost of the production and delivery of signboards and souvenirs necessary for the F opening within one week from the week.”

In fact, the defendant has reached approximately KRW 100,000,000, and there was no intention or ability to pay the price for the supply of signboards and souvenirs to the victim.

Nevertheless, the Defendant, by deceiving the victim as above, received signboards and souvenirs equivalent to KRW 6,500,000 at the market price around August 26, 2012 from the victim and acquired them by deception.

3. On August 2012, the Defendant stated that “The Defendant would give approval to the Defendant on September 2, 201, as the Defendant supplied the Defendant’s note that the Defendant would need to take care of the F in opening the operation of the Victim H, which is in the top-dong of Sinpo-si of Sinpo-si.”

In fact, the defendant has reached approximately KRW 100,000,000, and there was no intention or ability to pay the price of delivered goods to the victim.

Nevertheless, the Defendant, by deceiving the victim as above, received from the victim the delivery of the main equipment, such as the life-sustaining equipment of an amounting to KRW 8,096,00,00 at the market price of August 13, 2012, from around August 27, 2012.

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