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(영문) 인천지방법원 2012.11.14 2012고단8713

사기

Text

A person shall be punished by imprisonment with prison labor for ten months and by imprisonment for three months with prison labor for a crime of No. 2 in the judgment of the defendant.

(Determination of Agreement)

Reasons

Punishment of the crime

[2012 Highest 8713]

1. On June 30, 2010, at around 15:00, the Defendant made a false statement to the victim C that “The victim C has an intention to perform the urban environment rearrangement project in the area D, which is a rearrangement business entity, in connection with the urban environment rearrangement project in the area D, but if the expenses were to be lent 100 million won, 20 million won shall be paid until March 5, 201, and when the urban environment rearrangement project is promoted in full, the right to remove shall be granted.”

However, the defendant did not have the intent or ability to pay twice the borrowed money or to withdraw the removal right related to the rearrangement project as above.

Nevertheless, around July 30, 2010, the Defendant received three 10 million won cashier's checks (the victim shall be returned one million won from the place) under the above title from the victim in the Seo-gu Incheon, Seo-gu, Seo-gu, Incheon, Seo-dong 125, Seo-gu, Incheon, and 37 1 million won cashier's checks under the above title from the Incheon, Seo-gu, Seo-gu, Incheon, Seo-gu, Seo-gu, Incheon, Seo-dong 244 on August 5, 201, from the public health clinic near the public health clinic under the above name of 1,000 won, around November 15, 2010, 1,000 won and 2 million won cashier's checks under the above title from the public health clinic near the public health clinic near the Nam-gu, Incheon, Seo-gu, Incheon, 1357-1.

Accordingly, the Defendant, by deceiving the victim, received property worth 86 million won in total on three occasions.

[2012 Highest 9519]

2. On March 12, 2010, the Defendant was sentenced to a suspended sentence of one year of imprisonment for fraud at the Incheon District Court, which became final and conclusive on March 20, 2010.

The Defendant was performing various administrative services, such as written consent and requisition, to establish the urban environment rearrangement project promotion committee of the victim D zone located in Jung-gu Incheon Metropolitan City. From April 2008 to March 2009, the Defendant received KRW 30,611,112 from H in charge of the execution of funds under the delegation of G, the chairperson of the said promotion committee, and kept them on duty for the victim.