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(영문) 의정부지방법원 2018.02.21 2017고단4323
사기
Text

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

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

Reasons

Punishment of the crime

The defendant of "2017 Highest 4323" is a person operating (State)B.

1. On November 21, 2015, the Defendant stated that “The Defendant would supply a concrete block to F by the end of the following month at the site of the block construction for the lower part of C-D parking lot located in Yangju-si, and that “The Defendant would settle it by the end of the following month.”

However, the defendant had no intention or ability to pay the price even if he is supplied a concrete block from the injured party due to the aggravation of economic circumstances so that he could not return the construction cost as soon as possible.

The Defendant, as such, by deceiving the victim, was supplied from November 21, 2015 to November 22, 2015 with concrete block equivalent to KRW 3,569,80 from the victim to the victim.

2. On July 10, 2016, the Defendant stated that, at the office located in the Gyeonggi-do Seocheon-gun G (State) GB office, the victim (State) H’s person in charge of H (“H”) supplied materials to the waterworks improvement work within the Pyeongtaek-si Air Force Housing, the Defendant could transfer materials to supply the materials to which he should supply the materials, and first, he would supply the materials if he transfers the materials.”

However, the defendant did not have the intention or ability to supply the materials only because he received money as material costs from the injured party as a result of the aggravation of economic circumstances to prevent the return of the construction cost at the time of the time, and there was no intention or ability to supply the materials.

Around August 9, 2016, the Defendant, by deceiving the victim, received KRW 38.5 million from the victim to the J account under the name of (K) B, from the victim, and acquired the money.

The defendant of "2017 Highest 5148" was sentenced on June 10, 1997 by the Incheon District Court to ten months of imprisonment for fraud and two years of suspended execution. On April 27, 199, the same court issued a summary order of one million won for the same crime. On May 1, 1999, the same court issued a summary order of two million won for the same crime, and on February 27, 2006, the Chuncheon District Court issued a summary order of two million won for the same crime.

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