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(영문) 창원지방법원 2013.09.11 2013고단4

사기

Text

The defendant shall be punished by a fine of KRW 7,00,00,00 for the crime No. 2 in the judgment of the court in 8 months.

Reasons

Punishment of the crime

On April 4, 2007, the Defendant was sentenced to the suspension of the execution on the six months of imprisonment for the violation of the Punishment of Tax Evaders Act by the Ulsan District Court. On April 24, 2007, the above judgment became final and conclusive.

1. On September 13, 2006, the Defendant issued a false statement to the victim E of the Seocho-gu Seoul Metropolitan Government D Building 904, stating that “The head of the headquarters of MBC news report, and the head of the headquarters of MBC may order the removal of the 20 foot building that is expected to be removed in Busan Dong-gu F. In return, the Defendant would return KRW 50 million if the removal agency is not in progress by November 30, 2006.” The Defendant drafted a false statement to the victim E, stating that “H” and the resident number number is “G”.

However, the facts were not found by the Director General of MBC Report and it was not confirmed whether the removal of the above building will be carried out. Even if the defendant is not related to the above building owner's fraud, even if the family removal work is carried out, there was no intention or ability to return KRW 50 million even if the defendant did not have the ability to receive it, and even if the defendant did not act as a proxy for the victim, the defendant's name and resident number were "A and I".

The Defendant, by deceiving the victim as such, received KRW 50 million from the victim, under the pretext of the introduction of removal works, from the victim, and continuously deceiving the victim by the same method, and received KRW 1 million from the victim on October 30, 2006 in the name of business promotion expenses related to the above removal works, and obtained KRW 10,300,000 from the victim on October 30, 2006, and obtained KRW 61,130,000 in total from the defrauded.

2. The Defendant, like the Defendant’s deception, establishes a corporation for the removal work, which belongs to the Defendant’s deception, and also has maintained it for a considerable period of time.

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