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(영문) 서울중앙지방법원 2013.12.20 2013고합248

사기등

Text

Imprisonment with prison labor for not less than six months for the first and second crimes in which the defendant is the defendant, and for the third and fourth crimes in which the decision is made.

Reasons

Punishment of the crime

On June 28, 2006, the defendant was sentenced to the suspension of the execution of two years for a violation of the Punishment of Tax Evaders Act by the Seoul Eastern District Court on June 28, 2006, and the decision became final and conclusive on November 7, 2006. On February 1, 2008, the Seoul Southern District Court sentenced the suspension of the execution of three years for a crime of fraud at the Seoul Southern District Court on April 7, 2008. The decision became final and conclusive on September 26, 2008 after being sentenced to a suspension of the execution of one year for a crime of fraud at the Seoul Southern District Court on April 7, 2008. On September 23, 2009, the decision became final and conclusive on October 7, 2008, by being sentenced to imprisonment of one year and six months for a violation of the Aggravated Punishment Act (Fraud) with the Seoul Southern District Court on September 26, 2009.

1. Each fraud against the victim D [2013 high-priced 666]

A. On May 2006, the Defendant made a false statement to the victim at the “F office” office of the “F” company for the advertisement agency of the victim of the second floor of the Seocho-gu Seoul E-building in Seocho-gu, Seoul, stating that “A company with the inside representative director (hereinafter “G”) planned to carry out the apartment project on the site of the apartment site of the shooting range in the Yama unit located in Goyangyang-si, and if the executor is selected as the executor, the right to sell the building advertising will be given, and there is a demand

However, in fact, the Defendant was unable to proceed with the business of selecting the executor of the building site of the above shooting range because of the lack of operating expenses of the above company, and was planned to use the money transferred from the victim as personnel expenses of the above company, etc. Therefore, even if he received the money from the victim, the Defendant did not have the intent or ability to grant the right to sell the money to the victim.

The Defendant received KRW 5 million from the victim on the 10th of the same month, KRW 2 million on the 12th of the same month, and KRW 3 million on the 17th of the same month, respectively.

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

B. On June 27, 2006, the Defendant: (a) calls from the victim D at a time due to a location failure; (b) the Defendant paid the victim D an amount of five million won by means of telephone.