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(영문) 수원지방법원 안산지원 2021.02.17 2020고단1230
사기등
Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On May 16, 2019, the Defendant was sentenced to 6 months of imprisonment with prison labor and 2 months of imprisonment with prison labor for fraud at the Suwon method sources, and the judgment became final and conclusive on May 17, 2019. On August 29, 2019, the Defendant was sentenced to 1 year of suspended execution for 6 months of imprisonment with prison labor for fraud, and on July 22, 2020, the judgment became final and conclusive.

On May 29, 2017, the defendant established a plan to operate a business of collecting and selling sand, together with B and C around May 29, 2017, and the victim was the representative director of the above company, and the defendant was engaged in the business as a director of the above company.

1. Fraud;

A. On September 5, 2017, the Defendant made a false statement to the victim C by phone calls from the victim C, stating that “The cost of loading kickers on the bus using kick machinery is necessary.”

However, in fact, the defendant requested a mutual influent company and loaded booms free of charge, and the money transferred from the injured party was thought to be used as the lease cost and sirens for three vehicles used by the defendant.

Nevertheless, the defendant deceivings the victim as above and acquired 5.8 million won from the victim to the F Bank Account (G) in the name of the F Bank Account in the name of the defendant in the same day.

B. On November 28, 2017, the Defendant made a false statement to the victim C by phone call to the victim C, and paid KRW 10 million to the victim C (oil).

However, even if the defendant received money from the injured party, he did not think that he would pay vessel oil expenses to H, and he thought that he would use three vehicle leasing expenses, sirens expenses, living expenses, etc. used by the defendant.

Nevertheless, the defendant deceivings the victim as above and acquired 10 million won from the victim to the I Bank Account (J) in the name of the defendant on the same day.

(c)

On January 9, 2018, the Defendant was not paid benefits to the victim C by phoneing the victim C, and the president of K K did not pay benefits to the pumps-ray employees.

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