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(영문) 대전지방법원 2013.10.11 2013고단1277

사기

Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

On April 12, 2012, the Defendant was sentenced to imprisonment with prison labor for two years and six months for fraud in the Suwon District Court's Ansan Branch on April 12, 2012, and the judgment became final and conclusive on August 14, 2012.

1. The Defendant, who committed the crime against the victim C, by deceiving the victim as follows, received a total of KRW 1.5 million on two occasions, and acquired it by deception. A.

On June 8, 2011, the Defendant, at the end of Jongno-gu Seoul Metropolitan Government D Building 301, told the victim to “a permanent resident right may be created if the victim is a KRW 3 million” and called “a permanent resident right may be created” to the victim again by phoneing the victim at an irregular place on July 8, 2011 and sending KRW 1 million to the victim first at the cost of receiving documents necessary for creating permanent resident rights.”

However, there was no intention or ability to create permanent residence even if the victim receives one million won.

On July 8, 201, the Defendant, by deceiving the victim, received KRW 1 million from the victim via the bank account (F) in the name of E designated by the Defendant on July 8, 201.

B. On July 13, 2011, the Defendant made a false statement to the victim, stating, “The cost of creating permanent sovereignty is more than one million won, as the cost is required.”

However, there was no intention or ability to create permanent residence even if the victim receives one million won.

The Defendant, as such, by deceiving the victim, received 50,000 won from the victim to the same account on July 14, 2011.

2. The Defendant, with respect to the crime against the victim G, by deceiving the victim as follows, received a total of KRW 2,150,000 through two times, and acquired it by fraud.

On July 6, 2011, the Defendant made a false statement to the victim by phoneing the victim at an unsound place, stating that “When intending to make a permanent sovereignty, the Defendant sent KRW 1 million a preferential guarantee amount.”

However, there was no intention or ability to create permanent residence even if the victim receives one million won.

The Defendant, as such, deceiving the victim, and deceiving him/her from the victim. < Amended by Act No. 1083, Jul. 11, 2011>