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(영문) 의정부지방법원 2016.10.31 2015고단2432

사기

Text

A defendant shall be punished by imprisonment for four months.

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

Reasons

Punishment of the crime

1. On December 6, 2011, the Defendant: (a) around 11:28, the Gangnam-gu Seoul Metropolitan Government C Building 1206; (b) the Defendant: (c) the Defendant jointly and severally guaranteed the payment of KRW 104,00,000 to the subcontractor of the D New Construction Project ordered by the Ministry of Justice; and (d) the Defendant jointly and severally guaranteed the performance of the D New Construction Project, together with the Seoul Guarantee Insurance Co., Ltd.; (b) the Victim E did not complete the said subcontract construction; (c) the Defendant knew that the Seoul Guarantee Insurance Co., Ltd. attached the said joint and several liability to the victim’s real estate on the ground of the said joint and several liability, and (d) paid KRW 5,00,000,000,000,000,000

However, even if the defendant receives such money, he did not have any intention or ability to resolve the problem of joint and several sureties.

As such, the Defendant, by deceiving the victim, received five million won in the account number F of a new bank in the name of the Defendant on the same day from the victim.

2. On March 22, 2012, the Defendant called “in order to solve the problem of joint and several liability of the party, the Defendant sent a phone call to the victim at an irregular area below Seoul Special Metropolitan City on March 22, 2012, that “in order to solve the problem of joint and several liability of the party, it is necessary to deposit KRW 2 million as it is required to pay money in the name of the transportation cost and personnel expenses of the (ju)

However, even if the defendant receives such money, he did not have any intention or ability to resolve the problem of joint and several sureties.

The Defendant, by deceiving the victim as such, received KRW 2 million from the victim’s new bank account in the name of the Defendant on the same day.

3. On May 30, 2012, the Defendant called the victim’s phone at a Buddhist area below Seoul Special Metropolitan City on May 30, 2012, the Defendant would resolve the problem of joint and several liability by resolving the problem with the (main) Japanese Engineering Department via the Ministry of Justice through the Ministry of Justice. It is necessary for the Ministry of Justice’s staff expenses and personnel expenses, and therefore deposit KRW 5 million.”

However, the defendant is identical to this.