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(영문) 수원지방법원 2019.03.22 2018고단7417

사기

Text

A defendant shall be punished by imprisonment for six months.

The application for compensation of this case is dismissed.

Reasons

Punishment of the crime

Since July 2018, the Defendant proposed that the victim B, who became aware of through the Internet car page, was to be married to each other, and provided voluntary retirement on the premise of marriage, and held the shares of the company equivalent to KRW 300 million at the executive director of the Korea Road Corporation C, and currently, he/she held the shares of the company equivalent to KRW 300 million. Since he/she has an apartment under a name, he/she would be leased the above apartment to his/her father’s wife without compensation. Also, since he/she is preparing for an IOT business and entered into an IOT contract with D, he/she is still establishing the company under the name of the victim, and at the same time, he/she was not a regular employee of C, and did not hold the shares of the said company under the name of the said company. However, the Defendant did not have any fact that he/she did not own the apartment under the name of the said company, nor did he/she normally agreed to conduct the IOT business with the victim due to lack of any special revenue or property at the time.

1. Around August 16, 2018, the Defendant made a false statement to the effect that “The Defendant will transfer C’s shares held by us to be married immediately. To transfer this share, KRW 50 million should be deposited into the Company, whichever is half of this amount, shall be deposited into the Company.” The Defendant would transfer the shares upon deposit of KRW 25 million out of this amount.”

However, as above, the Defendant did not have any record of holding C’s shares, and did not have any intent or ability to transfer the said shares even if he received the said money from the victim, and was thought to use the money actually received from the victim as the apartment rental deposit in which the Defendant resides

Nevertheless, the Defendant deceivings the victim as above and caused the victim to be subject to such deception on August 2018.