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(영문) 대전지방법원 2016.12.23 2015고단4470

사기

Text

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

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. Around March 2014, the criminal defendant against the victim C made a false statement to the victim C, stating that the victim C was “an old coal mine development project in the Gyeonggi-gun, Seocheon-gun, Seo-gu, Daejeon. It is expected that the amount of KRW 200 million will come back, and that it would be allowed to obtain the right to collect scrap metal.”

However, in fact, the defendant did not confirm the specific business conditions, etc. in relation to the Nomcheon Mining Development Project, so even if he received expenses from the victim, he did not have the intention or ability to get the right to collect scrap metal.

Around March 27, 2014, the Defendant, by deceiving the victim as such, received KRW 3 million from the victim to the Agricultural Cooperative Deposit Account (G) in F as a guard around March 27, 2014, and by deceiving the victim in such a way as above from October 13, 2014, and by deceiving the victim from such means, he/she received the total amount of KRW 18,30,000 from the victim nine times in total as shown in the attached crime list.

2. Around May 1, 2014, the Defendant made a false statement to the victim H that “I Corporation has been aware of the person related to the thermal power plant. At the introduction cost, the Defendant would allow the said chemical power plant to take steel bars and concrete construction works, if he/she considers the amount of KRW 10 million as the introduction cost.”

However, in fact, the Defendant did not properly examine the specific construction schedule at the construction site of the instant thermal power plant, and did not have been promised to obtain construction rights, so even if the Defendant received KRW 10 million at the introduction cost, he did not have the intent or ability to reduce the above construction rights to the victim.

On May 1, 2014, the Defendant, by deceiving the victim as such, received KRW 10 million from the victim to the deposit account in the name of the J bank (K) under the pretext of introduction on May 1, 2014.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal testimony of H, C, L and M respectively;

1. The first time against the defendant;