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(영문) 광주지방법원 2013.09.12 2013고단3729
사기등
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

1. On September 10, 2012, the Defendant made a false statement to the victim E at the D coffee shop located in Gwangju-gu, Gwangju-gu, stating that “The Defendant would allow the victim E to perform construction works in the fields of electricity, communication, and fire fighting among the F apartment newly built in Gyeonggi-do and H’s high-tech Itel construction scheduled to be newly built in Gwangju-gu, Gwangju-gu.”

However, even if the defendant receives money from the victim, he did not have the intention or ability to allow the victim to do the above work.

As such, the Defendant, by deceiving the victim, received 20,000,000 won from the victim to the corporate bank account (K) in the name of J on the same day, and acquired 90,000,000 won in total over 10 times from around that time to January 17, 2013, such as the list of crimes in the annexed list of crimes.

2. Suppression;

A. On September 2012, the Defendant committed the crime against the victim L, 2012, believed that he/she had the victim believe that he/she exercised a huge influence over H with respect to the new construction of the Gtel in the Gwangju Mine-gu, which was concluded with H, and subsequently, had the victim believed that he/she exercised a huge influence on H, he/she used his/her status

Accordingly, on September 20, 2012, the Defendant: (a) called the victim’s phone call and displayed a huge force to H with the head of Ha who called “in the Republic of Korea, H today; (b) this Corporation cannot proceed if it is said that the Defendant does not carry out the up-to-date Itel construction in H; and (c) said, “if the victim wishes to continue to carry out the construction, 50% of the operating profit would have changed; and (d) said victim would have frighted as if the victim did not deliver a profit, the Defendant would stop the construction.”

As such, the Defendant received KRW 10,00,000 from the victim who frightened the victim, and transferred KRW 6,000,000 on September 10, 2012, and KRW 3,000,000 on October 10, 2012, and KRW 26,3,000,000 on October 26, 2012 to each J-based corporate bank account (K), and received KRW 10,00,000 on November 29, 2012 from the said victim to the Agricultural Cooperative (N) account in the name of M.

Accordingly, the defendant is the victim.

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