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(영문) 광주지방법원 2017.06.21 2016고단4061
사기
Text

The punishment of the accused shall be determined by six months of imprisonment.

Reasons

Punishment of the crime

On January 25, 2008, the Defendant was sentenced to 10 months of imprisonment for fraud, etc. at the Gwangju District Court, and on October 14, 2008, the Defendant was released from Gwangju District Court on March 30, 2009 during the execution of the sentence and was released on March 30, 2009 on April 5, 2009.

On the other hand, on July 2, 2014, this Court sentenced the defendant to a five-month imprisonment for fraud, and on July 28, 2014, the above judgment became final and conclusive.

1. On August 2, 2010, the Defendant, who acquired money in the name of the case of construction introduction, attempted to operate a funeral hall by remodelling the F Building Underground Commercial Building in Gwangju Mine-gu by the Co., Ltd., Ltd., which works within “D” at the coffee shop in Gwangju Mine-gu.

The purpose of this remodeling was to discuss the cost of KRW 20 million under the name of the case cost that the remodeling project will be carried out to the people.

However, the above place was a place where it was impossible to operate a funeral hall, and the defendant was planned to receive money from the victim to use it as living expenses, etc., so even if he received money from the victim, he did not have the intention or ability to allow the victim to do the work.

The Defendant, as seen above, obtained the victim’s false statement from the victim, 6 million won in total from the victim to the corporate bank account in G on the 18th day of the same month, 23 million won in the same month, and 20 million won in the same month by obtaining delivery of KRW 10 million on the 27th day of the same month.

2. On August 18, 2010, the Defendant acquired money in the name of the construction expenses, stating that “The Defendant would have to repay money after lending money to the victim in relation to the funeral funeral remodeling construction work,” at the same place as Paragraph (1) of the same Article.

However, at the time, the defendant did not have any particular property or income, and even if he borrowed money from the injured party, he did not have any intent or ability to repay the money in accordance with the promise.

The defendant is the victim as above.

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