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(영문) 수원지방법원 안산지원 2014.06.19 2012고단2227

사기

Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

1. Around September 11, 2007, the Defendant made a false statement that “Around September 11, 2007, the Defendant would need money to conduct personnel research to the head of the village, F, etc., where there was land on which the Defendant purchased a factory in Pyeongtaek-si, Pyeongtaek-si, Seoul Special Metropolitan City by the victim D, which was operated by the victim D, with the second floor C 204.”

However, even if the defendant received the above money from the victim, he did not think of it to be given to the head of the village, and he was thought to be used as the hospital expenses of the defendant's father, which was the cerebral blood.

The Defendant, as such, by deceiving the victim, received KRW 30 million from the victim for personnel expenses.

2. Around August 2009, the Defendant received a request from the victim E office of the Dispute Resolution Co., Ltd. to receive money from H to the termination cost of provisional attachment termination and the cost of the provisional attachment termination in the building owned by the Dispute Resolution Co., Ltd., which is operated by the victim D.

According to the above request, the defendant received KRW 2250,00 from H to the expenses for termination of provisional attachment and the expenses for termination of provisional attachment, and used the defendant's mother's living expenses, hospital expenses, etc. at around that time.

Accordingly, the defendant embezzled the victim's property.

3. On September 2009, the Defendant received the victim's request from the J to terminate the provisional attachment termination cost and the expenditure of the provisional attachment termination cost from the victim's office of the Dispute Resolution Co., Ltd., which was operated by the victim D, by the victim D. The Defendant received from the victim's office of the Dispute Resolution Co., Ltd.

According to the above request, the defendant was voluntarily used for the defendant's mother's living expenses, hospital expenses, etc. at around the time when he received KRW 3 million from the J and kept them for the victim.

Accordingly, the defendant embezzled the victim's property.

Summary of Evidence

1. The defendant's partial statement in the third protocol of trial;

1. Each statement made by the witness D, J, H and F in the protocol of the fourth, sixth, nine trials of the trial.