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(영문) 대구지방법원 김천지원 2020.03.19 2019고단180
사기
Text

A defendant shall be punished by imprisonment for one year.

The defendant shall pay 5,00,000 won to the applicant for compensation by deceit.

3.2

Reasons

Punishment of the crime

[Criminal Power] On July 19, 2017, the Defendant was sentenced to imprisonment for fraud at the Daegu District Court for one year and two months, and completed the execution of the sentence in the Busan Correctional Institution on March 26, 2018.

[2019 Highest 180] Around July 13, 2018, the Defendant drafted a sales contract with the victim E, a widely known victim E, “To install 3kW of solar power facilities at the prime place”. The Defendant drafted a sales contract with the victim.

However, even if the defendant receives money from the victim, he did not have the intent or ability to install solar power infrastructure to the victim by using the money.

As above, the Defendant, by deceiving the victim as above, was remitted from the victim to the account of community credit cooperatives in the name of the Defendant, as well as KRW 5 million on July 16, 2018; KRW 4 million on July 17, 2018; and KRW 4 million on August 17, 2018; and received cash 1.3 million on September 1, 2018 in total as expenses for the extension of electricity.

[2019 Highest 554]

1. On September 3, 2018, the Defendant made a false statement to the victim H that “Around December 30, 2018, the Defendant would install the 100-w solar power equipment on the company roof. With respect to solar power equipment, an annual profit of one year may be 30 million won and a KRW 180 million may be imposed if it is operated for six years,” and written a written contract for construction works with the same content as the victim.

However, even if the defendant receives money from the victim, he did not have the intent or ability to install solar power infrastructure, such as the content of the contract.

On September 5, 2018, the Defendant, by deceiving the victim as above, received KRW 15,000,000 as the down payment from the account of community credit cooperatives under the name of the Defendant, and acquired KRW 5,000,000 in total as the same account around September 18, 2018 and acquired KRW 20,00,000 for the same expenses.

2. On November 27, 2018, the Defendant is a victim at the J Office located in Gumi-si I.

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