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(영문) 춘천지방법원 속초지원 2017.01.18 2016고단312

사기

Text

Defendant shall be punished by a fine of KRW 3,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

On December 23, 2015, the Defendant was sentenced to imprisonment with prison labor for six months in the early branch of the Chuncheon District Court for fraud, and on December 31, 2015, the said judgment became final and conclusive on December 31, 2015.

1. On April 17, 2014, at the D office operated by the Defendant on April 17, 2014, the Defendant, who committed the crime, contact the victim E with the victim E in advance at any time at any time at the time when he/she wanted to use 12 million won as the price for wooden house materials.

“False speech was made to the effect that it was “.”

However, the Defendant did not have any other property at the time, and was unable to repay the principal and interest of the financial institution obligations such as the lending company, etc., and was in progress with no capital and was under circumstances to prevent the return of the advance payment, and therefore, there was no intention or ability to keep the wooden house as above.

The defendant deceivings the victim as above and acquired money from the victim to the personal compromise account under the name of the defendant on the same day by transfer of KRW 12 million under the name of the victim.

2. On May 7, 2015, at the D office operated by the above Defendant on May 7, 2015, the Defendant made a false statement to the effect that “The Defendant, while in the D office in the operation of the above Defendant, requested the victim E and the said victim to the effect that “the said victim would have installed electric power teams with heating facilities in the mobile wooden house in work”, and “the transfer of KRW 550,000 to additional costs.”

However, the defendant did not produce the victim's mobile wooden house around that time, and even if he received additional costs from the injured party, he did not have the intention or ability to establish the Electric Power Team according to the agreement.

Around that time, the Defendant received 50,000 won from the injured party, in exchange for additional expenses, from the victim to the criminal account.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. The order-making contract;