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(영문) 서울서부지방법원 2021.01.20 2020고단3394

사기

Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

[criminal record] On October 19, 2018, the Defendant was sentenced to ten months of imprisonment for a crime of fraud at the Goyang Branch of the Jung-gu District Court (Seoul District Court), and completed the execution of the sentence on April 16, 2019. On October 14, 2020, the Defendant was sentenced to eight months of imprisonment for a crime of fraud at the Seoul Western District Court, and the said judgment became final and conclusive on December 29, 2020.

[Criminal facts]

1. The Defendant committed the crime against the victim B in the Seocho-gu Seoul Metropolitan Government “C Public Notice Board” on August 2019, 2019, and the victim B got unfair dismissal from the taxi company and was unable to receive unemployment benefits.

In other words, “the victim is the victim’s friendship with D Public Prosecutor and E Attorney-at-Law, who is the Vice-General of the Government.”

Through this, I would like to solve the problem of unfair dismissal and unemployment benefits.

“.....”

However, in fact, the D prosecutor and E, who the defendant told, thought that they will be used for hospital expenses, living expenses, etc. when they receive money from the injured party, so there was no intention or ability to resolve the problem of unfair dismissal and unemployment benefits.

The Defendant, as above, was issued cash KRW 250,00 in early August 2019, KRW 500,000 in cash around August 17, 2019, KRW 500,000 in cash, and KRW 50,00 in cash around September 2019, respectively, under the pretext of recognition, by deceiving the victim as above and under the pretext of resolution from the victim.

Accordingly, the defendant obtained a total of 80,000 won from the victim B and acquired it by fraud.

2. On October 2019, the Defendant committed the crime against the Victim F, the Defendant told the Victim F to “The Victim F to grant a lease of a house to a farm household that can live in the state-owned land, which is the Goyang-si Environment Control Team, which would be introduced to enable the Victim F to rent a house to a farm household that can live in the state-owned land.”

However, in fact, the defendant did not go against the environment control group and was thought to use money from the injured party for hospital expenses and living expenses, so the victim is willing or ability to introduce him/her to live in the farm house located in the state-owned land.