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(영문) 서울중앙지방법원 2015.04.16 2014고단4990

사기

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A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On September 2012, 2012, the Defendant made a false statement to the victim E at the office D Co., Ltd.’s office operated by the Defendant on the first floor of Gangnam-gu Seoul, Seoul (Seoul), stating that “F in the prime city was carried out and G business was carried out from this place, and D was selected as an executor. The Defendant would take F removal and construction waste disposal works on the prime page.”

However, the facts were that the corporation D had not been selected as the operator of the G business, and the progress of the G business itself was unclear, so the defendant did not have the intent or ability to remove the G business and to perform construction waste disposal works.

Nevertheless, as above, the Defendant, by deceiving the victim, received total of KRW 15 million from the victim’s bank account (Account Number H) in the name of Korea Co., Ltd. on September 5, 2012, and KRW 5 million on September 21, 2012.

2. On April 2013, the Defendant made a false statement to the said victim at the office of the said D Co., Ltd. (hereinafter “C”) stating that “D would be entitled to the advertisement of a stable or a soldier’s Olympic Winter Games.” If the Defendant borrowed KRW 10 million, the Defendant would have paid KRW 50 million including KRW 15 million and interest from the borrowed money.”

However, there was no fact that the Defendant had been allowed to advertise the Military Olympic Games and the Military Olympic Games at the time of literature, and there was no intention or ability to repay the borrowed money because there was no particular income or property.

Nevertheless, as above, the Defendant: (a) by deceiving the victim; (b) received the total amount of KRW 300,000 on April 5, 2013, KRW 140,000 on April 11, 2013, KRW 400,000 on April 17, 2013, KRW 100,000 on April 27, 2013, KRW 80,000 on May 1, 2013, KRW 150,00 on May 7, 2013, KRW 80,000 on May 13, 2013, KRW 300,00 on May 16, 2013, KRW 50,000 on June 16, 2013, KRW 500,000 on June 17, 2013, KRW 500 on June 15, 2013.

Summary of Evidence

1. The defendant's legal statement; 1.1.