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(영문) 광주지방법원 2018.06.01 2017고단5363

사기

Text

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

Reasons

Punishment of the crime

1. The Defendant, under the name of the expenses related to debt and compensation, by fraud, acquired KRW 20 million with the victim’s obligation to pay KRW 36.7 million to the Housing Finance Corporation, was assigned to the expropriation of the water resources facility in Gangseo-gu Busan, Busan, which is the victim’s ownership, and became aware that KRW 109,639,404 has been deposited.

On March 2015, the Defendant, through a person who knows the above obligation to the victim at a non-permanent place of not more than South Bosung-gun, proposed to reduce the amount of the victim's debt and receive the above compensation from the Water Resources Corporation, not to include the interest for the above obligation in the Housing Finance Corporation but to apply for dividends to the court.

However, in fact, reducing the above debt or receiving compensation is not of the nature that can be done through a person who is aware of the appointment of a lawyer, and even if the defendant receives money from the injured party, he did not have the intent or ability to reduce the debt amount of the said Housing Finance Corporation to be paid by the injured party or to receive compensation from the Water Resources Corporation.

As such, the Defendant, by deceiving the victim, received the delivery of KRW 15 million around June 22, 2015, and KRW 5 million around September 15, 2015 from the victim, under the above pretext.

2. On March 20, 2015, the Defendant defrauded dividends KRW 20,611,637, and acquired dividends from the Water Resources Corporation by personal means by receiving KRW 20,611,637, which was distributed to the victims, from the Water Resources Corporation, at will, through the deposit of the Gwangju District District Court’s Net Branch, at around 20,611,637, and the victim’s personal seal impression certificate, etc. was required to handle the said daily affairs. In addition, the Defendant obtained the payment of KRW 20,61,637, which was distributed to the victims from the Water Resources Corporation on his/her own, around March 30, 2016.