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(영문) 부산지방법원 2015.07.14 2014고단7684

사기

Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

1. The Defendant and C of the 2014 Highest 7684 (hereinafter “2014 Highest 7684”) conspired with the victim F who installed a container stuff in the E Park located in the Y-gu Busan Highest Y, and sees the organic dog stuff to the victim F, who is in charge of installing a container stuff, and sees the organic dog stuff, etc.

On October 2007, the Defendants made a false statement to the victim in the above park, stating that “The Defendant may leave a shelter, a veterinary hospital, or a welfare center for the aged in the E Park, and the high person in order to carry out the work, may leave the building on the face of KRW 5 million with the expenses, and the building on the face of KRW 5 million may also leave the building on the face of the police, and the control shall also no longer need to use the new technology.”

However, the defendant and C did not know about the abandonment dog at all and did not have the ability to obtain permission for the organ protection center, etc., so even if they receive money from the victim, they did not have the intention or ability to receive the said organ protection facility, etc.

The Defendants received a total of five million won over three occasions, including Gro 1 million won, October 24, 2007, 100 million won on October 29, 2007, and 3 million won on November 24, 2007, under the name of the Defendant for the establishment of a recreation center, etc. from the victims.

As a result, the Defendant conspired with C to deceiving the victim and received the property from the victim.

2. On July 1, 2011, the Defendant: (a) around July 1, 2011, the Defendant loaned the amount of check fees to the victim “J” page operated by the victim I in Jongno-gu Seoul Metropolitan Government Jongno-gu to enter into a contract for KRW 17 billion; (b) paid the down payment of KRW 1.7 billion; and (c) paid the intermediate payment of KRW 10 billion; and (d) paid the check fees to prepare the intermediate payment of KRW 10 billion.

7. To give performance by not later than 20.

‘False speech' was made.

However, the defendant did not have the above contract itself at the time, and there was no particular property at the time, so the victim is the victim.