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(영문) 인천지방법원 2014.05.29 2013고단1983

사기

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

[criminal power] On July 11, 2008, the Defendant was sentenced to one year and six months of imprisonment for fraud at the Incheon District Court on July 14, 2008, and the above judgment was finalized on July 14, 2008, and on January 20, 2012, the Seoul Central District Court sentenced two years of suspended execution to six months of imprisonment for fraud, and became final and conclusive on May 30, 2012.

【Criminal Facts】

1. From the end of August 2006, the Defendant made a false statement to the effect that, at C Office Co., Ltd.’s office operated by the Defendant on the third floor of the Gangnam-gu Seoul building B, “The Defendant is scheduled to perform construction works of the drama set forth in the item of Sinmanian at the early stage. If the Defendant borrowed KRW 1,50 million to the Defendant, he/she subcontracted the construction works of Gunman, and he/she will repay the amount of KRW 1,50 million immediately.”

However, the defendant not only did the funds held by the above company, but also did not secure the right to organize the above drama from the broadcasting station, and did not have the intention or ability to produce the drama by failing to obtain the authorization or permission from the administrative agency related to the set construction.

On September 1, 2006, the Defendant received 150,000 won as a check from the victim on the pretext of the borrowed money from the above office.

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

2. Around May 11, 2007, the Defendant made a false statement to the effect that “A person who intends to make an investment in the production of the Sindoe” to the victim G at the F hotel coffee shop located in Chungcheongnam-si, Chungcheongnam-si, “A person who intends to make an investment in the production of the Sindoe”. If only the balance certificate of the corporate passbook is met, the Defendant can immediately start the tax office construction, and if he/she lends KRW 13 million,00,000,000 following

However, in fact, the defendant has no intention or ability to produce the drama like the statement in Paragraph 1, and there was no intention or ability to repay the borrowed amount due to the obligation of approximately KRW 400 million.

In other words, the Defendant received 10,000 won cashier's checks from the victim in the name of the victim, and received 3 million won from the account in the name of C.