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(영문) 서울동부지방법원 2015.07.17 2015고정874

사기

Text

Defendant shall be punished by a fine of KRW 3,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

On November 7, 2013, the Defendant was sentenced to imprisonment with prison labor for six months for fraud in the Daejeon District Court's Incheon Branch of the Daejeon District Court for the purpose of fraud, and the judgment was finalized on February 28, 2014. On August 22, 2014, the Seoul East District Court sentenced two years of suspended execution to six months of imprisonment with prison labor for fraud, and became final and conclusive on August 30, 2014.

The Defendant, around November 2, 2013, entered into a subcontract succession agreement on the condition that the victim would pay the F KRW 3 million of equipment cost to F from the car page where the trade name in the same Dong is unknown on the June of the same month to the seventh day of the same month, on the condition that the victim would pay F KRW 3 million of equipment cost, but the victim could not pay F of equipment cost to F until the scheduled date. The victim could not pay F of equipment cost up to the scheduled date.

On November 11, 2013, the Defendant received money from the victim to the bank account in the name of the Defendant (H) in the name of the Republic of Korea on the same day on the same day, with the purport that “On November 7, 2013, the Defendant, at a place where the location is unknown, shall be transferred to the victim (i.e., if the contract had been in force, but it would be transferred to the account within the amount of KRW 3 million,000,000,000,000,000,000 won,

However, the above subcontract succession contract had already been cancelled by the victim's failure to pay the equipment cost to F by November 7, 2013, and the defendant was planned to use the equipment cost from the victim as personal debt repayment, etc. even if he received the equipment cost from the victim, and there was no intention or ability to cause the victim to succeed to the said subcontract.

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