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(영문) 인천지방법원 2013.12.03 2012고단8844 (1)

사기

Text

A defendant shall be punished by imprisonment for not more than ten months.

Reasons

Punishment of the crime

[2012 Highest 8844]

1. On August 1, 2011, the Defendant made a false statement to the victim D at an office located in Seo-gu Incheon Metropolitan City, Seo-gu, Seo-gu, Incheon, stating that “The Defendant shall lease KRW 20 million to KRW 1.5 million per month, and KRW 1.5 million per month.”

However, the defendant did not have the intention or ability to lease the above land to the victim.

From August 1, 201 to January 15, 2012, the Defendant received a total of KRW 18,400,000 in cash, and KRW 400,000 in cash from the account under the name of the Defendant, and received KRW 18,40,000 in cash over six occasions in total from the victim.

Accordingly, the defendant was given property by deceiving the victim.

[2012 Highest 9532]

2. On July 8, 2011, the Defendant made a false statement to the victim H office of the victim G management in Seo-gu Incheon, Seo-gu, Incheon, stating that “The Defendant would lease the said land from the land owner located in Seo-gu, Incheon, and would lease the said land to KRW 10 million after leasing it and create access roads.”

However, the above land was owned by the Land Management Corporation and the defendant did not have the intention or ability to lease the land to the victim or to create access roads because there was no agreement to lease the land with the Land Management Corporation.

On July 11, 201, the Defendant, by deceiving the victim, received KRW 5 million from the victim to the account of community credit cooperatives under the name of the Defendant as the down payment.

Accordingly, the defendant was given property by deceiving the victim.

"2012 Highest 11802"

3. The Defendant is a person who serves as the Secretary General of the Korea Environmental Headquarters Lane (hereinafter “Environmental Headquarters”).

On September 21, 201, the Defendant, at the office of the foregoing Environmental Headquarters in Seo-gu Incheon Metropolitan City, sublet the victim N with a guarantee of KRW 30 million and KRW 1.5 million in monthly rent, to sublet the victim N for 36 months.