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(영문) 창원지방법원 진주지원 2016.10.26 2016고단822
사기
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On November 4, 2014, the Defendant was sentenced to four months of imprisonment for fraud in the Changwon District Court's Jinju branch, and completed the execution of the sentence on February 1, 2015.

1. On January 29, 2016, the Defendant concluded on January 29, 2016, that “EPC bank” in the “EPC bank” of the victim’s operation in Sacheon-si, Macheon-si, that the Defendant’s funeral company operated by the Defendant was in the sex of the Defendant, and that the Defendant would hold 20 vehicles of the head of the funeral, who is the representative of the Association of the Funeral Branch, and who is the representative of the Association of the Republic of Korea. Of these, half of them would be entitled to receive KRW 5 million from outside directors. The Defendant purchased the vehicle of the head of the Gu who remitted the transfer of KRW 5 million with the purchase cost of the vehicle to enter the company run by the head of the Gu, and paid KRW 2 million per month with the rent.”

However, the Defendant, even if receiving money from the victim for the purchase of a vehicle from the head of the funeral, was thought to use the money as his/her own cost of living, etc., and the Defendant was only planned to operate the funeral business in a state where he/she did not have any vehicle called for the funeral at that time, and thus, the Defendant did not have the ability

The Defendant received KRW 5 million from the victim to the account of community credit cooperatives under the name of the Defendant for the purchase of vehicles dispatched from the same day.

Accordingly, the defendant was given property by deceiving the victim.

2. On February 22, 2016, the Defendant made a false statement to the victim that “The five prices of vehicles in the head of the main building are to be replaced because the five prices of vehicles are worn out” at the same place on February 22, 2016, and that “The Defendant would purchase more than one vehicle in the head of the funeral and enter the company and pay more than one million won as monthly rent if he/she additionally send three million won, which is a half of the purchase price of a vehicle used as a vehicle in the dispatch of the funeral.”

However, in fact, the defendant was delivered on January 29, 201 by the victim and 5 million won.

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