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(영문) 서울북부지방법원 2015.12.18 2015고단3079

사기

Text

A defendant shall be punished by imprisonment for two years.

Reasons

Punishment of the crime

1. On October 2012, the Defendant made a false statement to the effect that “The Defendant shall pay money to the acquisition fund and expenses incurred in the business of the C business office.” The Defendant made a false statement to the effect that “The Defendant shall pay the victim B money at a park located in the Go Chang-gun, Go Chang-gun, Go Chang-gun, Chang-gun, Go Chang-gun, Seoul.”

However, in fact, the Defendant did not have the ability to take over modern home dispatch C business, and did not proceed with all procedures related to the progress of the contract, such as not only did the person in charge of the C business office related to the actual acquisition of the business office. Even if the Defendant received money from the victim for the purpose of acquiring the C business office, he did not intend to use it under the pretext. The Defendant used the money actually received from the victim as a down payment and tax related to the purchase of apartment and land, or used it for personal purposes, such as Defendant’s employee pay.

As such, on October 25, 2012, the Defendant enticed the victim, and caused it to take over a business office from the victim, KRW 100,000,000 to the Agricultural Cooperative Account in the name of the Defendant’s wife, KRW 29,000,000,000 to the New Bank Account in the name of Defendant P or E on the 29th of the same month, and KRW 3 million to the Agricultural Cooperative Account in the name of Defendant Dong F on November 6 of the same year;

9. A total of KRW 129 million, including KRW 15 million, was remitted to the Agricultural Cooperatives in F’s name.

2. On March 2013, 2013, the Defendant made a false statement to the effect that “The victim B had been frequently at the headquarters as a problem of the C business, as it appears that there was an opportunity to gather money and take it easily, and there was an opportunity to accept the G business. The Defendant changed money to the expenses and operating expenses necessary for the acquisition.”

However, in fact, the defendant did not have the intention or ability to take over the G business, and the expenses for taking over the G business office from the victim.