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(영문) 대구지방법원 서부지원 2015.06.25 2015고단465
사기
Text

A defendant shall be punished by imprisonment for not more than ten months.

except that 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

The Defendant was found to have embezzled the down payment and the construction cost, etc. from September 16, 2013 while working as a business employee of the Police Officers in the middle of 2011, and was not paid allowances from September 30, 2014, and there was no particular property, and the Defendant was placed in an economic difficult situation, such as being selected as a basic recipient.

Accordingly, the defendant was willing to execute urban gas construction for home owners or the elderly, and he was willing to use the money and valuables for construction costs from them.

On September 29, 2014, the Defendant made a false statement that “The Defendant would install and take part of the contract deposit and construction cost of the construction in the main city gas boiler to the victim, first of all, at the victim E (n, 65 years of age) located in the Seo-gu, Daegu-gu.”

However, the Defendant had no intention or ability to install the urban gas boiler even if he received the cost of installing urban gas and the down payment from the victim due to the absence of the gas installation license.

Nevertheless, the Defendant received a total of KRW 8,750,000 from the victims of family or elderly victims over 35 times, as shown in the annexed crime list, including that the Defendant received KRW 1,100,000 in cash as the down payment of the same day, around October of the same year, as the deposit money and boiler price, and received KRW 1,850,000 from the victims of family or elderly victims from February 12, 2014 to December 12, 2014.

Accordingly, the defendant, by deceiving victims, received property from each victim and acquired it.

around August 7, 2014, the Defendant called “2015 Highest 628” to the effect that “A part of the construction contract and construction cost is to be installed in the main commercial building, first of all, on the main commercial building” by phoneing the victim F with the victim F.

However, the defendant had already retired (the state)C, and the cost of installing urban gas and the cost of materials from the victim has no urban gas construction license.

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