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(영문) 창원지방법원 2015.09.22 2014고단1282
사기등
Text

No. 8-A of the judgment of the defendant

A person who commits any crime shall be punished by imprisonment for not less than six months and for not less than two years and six months.

Reasons

Criminal facts

On November 19, 2009, the Defendant was sentenced to one year of imprisonment for fraud at the Busan District Court, and completed the execution of the sentence at the Busan District Court on December 16, 2009. On October 27, 2011, the Defendant appealed one year after having been sentenced to imprisonment for fraud, etc. at the Busan District Court, and was released on bail on December 13, 201, which was pending in the appellate trial. On June 1, 2012, the lower court was reversed and sentenced to ten months of imprisonment and that judgment became final and conclusive on June 9, 2012.

"2014 Highest 1282"

1. Fraud;

A. On December 30, 2012, the Defendant made a false statement to the victim E, stating that “The Defendant would be liable to pay money after three to four (3) days, and to pay money, and to pay the order for the new construction of the Ansan-dong factory.”

However, even if the defendant borrowed money from the victim, he did not have an intention or ability to execute the order for a new factory construction.

Around the 31st day of the same month, the Defendant received KRW 10 million from the victim to the account in the name of one bank in the name of the Defendant and acquired it by money.

B. On March 4, 2013, the Defendant made a false statement to the G office located in Jinju-si F, stating that “If the Defendant supplies agricultural products, such as party services, etc. to the victim H, the price will be paid at the end of the following month.”

However, even if the defendant is supplied with agricultural products from the victim, the defendant did not have the intention or ability to pay the price.

The Defendant, on the 4th day of the same month, received agricultural products equivalent to KRW 85,00,00 from the victim, such as the number of car cars, etc., from the victim, from that time until May 13, 2013, and acquired them by means of not paying the price even if he received agricultural products equivalent to KRW 39,817,970 in total at 61 times, such as the list of crimes (1).

2. The Defendant who sustained an injury shall be the J. (State) operated by the Victim E in the 19:50 on March 24, 2014 by the victim E in the Kimhae-si.

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