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(영문) 광주지방법원 2017.09.07 2017고단943
사기
Text

A person shall be punished by imprisonment with prison labor for not less than two months and for not more than six months for the crimes of No. 2 of the judgment of the defendant.

Reasons

Criminal facts

On February 10, 2012, the Defendant was sentenced to one year and six months of imprisonment at the Gwangju District Court for fraud, etc., and the judgment became final and conclusive on April 20, 2012. On January 25, 2017, the Defendant was sentenced to imprisonment with prison labor for ten months in the same court, etc., and the judgment became final and conclusive on April 28, 2017.

[2017 Highest 943]

1. On January 21, 2015, the Defendant was dismissed from the KCA and borrowed money from others without any particular revenue or property. On October 28, 2016, the Defendant, as the representative director of the KCA, would have been able to perform construction works, such as a convalescent hospital, etc., in the south and Gwangju region, and would have been able to perform the construction works. On October 28, 2016, the Defendant would make payment to the victim D who believed the Defendant’s refluence of the operating expenses of the company “if he/she temporarily lends the operating expenses of the company, he/she would be paid KRW 700,000 from the damage.”

[2017 Highest 2518]

2. On June 2008, the Defendant may exercise personnel rights in the victim G, who is an employee of the company in the Seo-gu Seoul Special Metropolitan City F Office, “The F Office of the Bank of Bankruptcy, the representative director of the F Office of the Bank of Bankruptcy, may exercise the personnel rights in the company

같은 종친이니 잘 지내보자. 도와주겠다” 는 취지로 말하며 피해자와 교류하여 피해자의 환심을 샀다.

On May 15, 2009, the Defendant stated that “it shall be repaid immediately after 2-3 days from the face value of the loan to the victim” at the F Co., Ltd. F Co., Ltd.’s office.

However, the defendant did not have the intent and ability to pay money even if he did not receive money from others because he had suffered approximately KRW 200,000,000 in the construction in progress and there was no particular income or property.

As above, the Defendant: (a) by deceiving the victim; (b) received 500,000 won from the victim’s account in the name of the Defendant’s wife from the victim; and (c) received the delivery of KRW 45,77 million in total over 18 times as indicated in the list of crimes.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made to D or G by the police;

1. Details of transactions;

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