사기
1. The defendant shall be punished by imprisonment for two years;
2. All applications for compensation order shall be dismissed;
Punishment of the crime
[2016 Highest 291]
1. On July 2, 2014, the Defendant against the Victim H expressed 2 to J, the birth of the victim H at around 2, 2014, KRW 110,000,000,000, an amount of 200,000,000,000,000,000 won.
“A false statement was made to the effect that it was “.”
However, even if the defendant receives the construction price from the injured party, he did not have the intention or ability to complete the soil collection.
As such, the Defendant, by deceiving the victim, was transferred KRW 1 million from the victim on July 2, 2014; KRW 10 million on August 29, 2014; KRW 30 million on September 2, 2014; KRW 10 million on September 5, 2014; KRW 54 million on September 3, 2014; and KRW 3.5 million on October 3, 2014, to the Agricultural Cooperative account in the name of the Defendant.
2. On September 29, 2014, the criminal defendant against the victim L made a false statement to the effect that “the victim, who was asked from the victim L from concrete delivery to the concrete delivery, will leave one collection of soil from yellow soil up to December 31, 2014 (26 square meters) to 78 million won.”
However, even if the defendant receives the construction price from the injured party, he did not have the intention or ability to complete the soil collection.
As such, the Defendant, by deceiving the victim as such, received KRW 1 million from the victim, on September 29, 2014; KRW 5 million on October 2, 2014; KRW 30 million on October 27, 2014; KRW 2 million on November 13, 2014; KRW 5 million on November 18, 2014; KRW 15 million on November 25, 2014; and KRW 68 million on April 13, 2015, in total, from the said agricultural bank account under the name of the Defendant.
3. Around July 7, 2014, the Defendant against the victim M made a false statement to the effect that “the Defendant, at the Defendant’s house located in a considerable area of Cheongju-si, reported a yellow soil collection plug card and sent a yellow soil collection and warehouse to the victim M, who visited the victim M in the Defendant’s house to the effect that “the Defendant would bring the yellow soil collection and warehouse into 80 million won within 2014.”
However, even if the defendant receives the construction price from the injured party, he did not have the intention or ability to complete the soil collection.
The Defendant, as such, deceiving the victim and deceiving him/her on July 2, 2014.