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(영문) 의정부지방법원 2012.12.21 2012고단2548

사기등

Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. Fraud against victim D;

A. On January 3, 2011, the Defendant made a false statement to the “F office operated by the Defendant in Gyeonggi-gun E, that “The Defendant would purchase electric wires until April 30, 201, and return money if not, the Defendant would return money.”

However, the defendant did not have the intention or ability to purchase the electric wires at the site of removing the power lines of the Chuncheon railroad.

On February 11, 2011, the Defendant received 30 million won as the purchase price for electric wires from the victim.

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

B. On March 8, 2011, the Defendant made a false statement to the victim, stating, “I would promptly purchase electric wires at any place other than the scene of the removal of the light railway.”

However, the defendant did not have the intention or ability to purchase electric wires against the victim.

The Defendant received from the victim each remittance of KRW 5 million on March 10, 201, and KRW 10 million on April 1, 2011, under the name of the purchase price for electric wires.

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

2. Around December 27, 201, the Defendant against the victim G was guilty.

On December 26, 2011, H discussed the problem of escaping from the victim with the transfer of KRW 200 million as the purchase price for electric wires from the place indicated in the port of entry, the victim made a false statement to the effect that “If the funds to purchase electric wires are provided to the maximum extent possible, the electric wires may be purchased at least 30 tons per week and at least 100 tons per month, and if sold, the said KRW 200 million may be recovered within 3 to 4 months.”

However, at the time, the defendant did not purchase the electric wires even though he received KRW 150 million from I as the purchase price for the electric wires.