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(영문) 광주지방법원 2016.08.19 2016고단2227
사기등
Text

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

The defendant shall be ordered to complete 80 hours of sexual assault treatment programs.

Reasons

Punishment of the crime

1. The Defendant, by carrying out an unmarried criminal conduct with the victim C (the 30-year old age), had no particular occupation but to carry on construction business, and had the intent to acquire money as business funds.

A. On October 17, 2014, the Defendant: (a) called, “The date of the payment of the increased construction cost, which is the date of payment, must be engaged in personnel affairs with the customer; and (b) the Defendant would immediately pay the gift certificates of KRW 2 million if he/she purchased the gift certificates of KRW 2 million.”

However, in fact, the defendant did not receive the construction cost and did not have the intention or ability to pay it even if he received the gift certificates from the injured party.

Nevertheless, the Defendant was issued gift certificates of KRW 2 million on the same day from the injured party who belongs to the aforementioned false statement.

Accordingly, the defendant deceivings the victim and received property.

B. On December 23, 2014, the Defendant said that “The Defendant, at the victim’s house located in the North-gu Seoul Metropolitan City, was bound to pay the bail amount of KRW 10 million if he/she was investigated, and was prepared to pay the bail amount of KRW 8.5 million if he/she was not prepared, and that he/she would pay the bail amount of KRW 1.5 million if he/she was lent.”

However, even if the defendant borrowed money from the injured party, he did not have the intention or ability to repay it.

Nevertheless, the defendant was given 1.5 million won from the injured party, who was in the above false statement.

Accordingly, the defendant deceivings the victim and received property.

(c)

On December 29, 2014, the Defendant, at the victim’s house located in Gwangju-si, Gwangju-si, proposed that “I would have been drank with the intention of having the head of the team, who would not work in the future due to the previous conviction, and would have been entrusted with the construction of the vehicle lease contract under the name of four for the vehicle in order to perform the work, and would have paid the deposit and the lease fee.

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