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(영문) 의정부지방법원 2016.10.10 2016고단659
사기
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

"2016 Highest 659"

1. Around September 2012, the Defendant made a false statement to the victim E office of the victim D in Yongsan-gu, Yongsan-gu, Yongsan-gu, U.S., and the Defendant, despite the victim’s intent and ability to supply the scrap metal even if receiving money from the victim, the Defendant made a false statement to the victim that “I will give the money first in return for the scrap metal. I will give the money. I will pay the money.”

Accordingly, the Defendant received KRW 200,000 from the victim to the Agricultural Cooperative Account of F, around the 6th day of the same month, and acquired KRW 1 million in total from the Defendant to the Agricultural Cooperative Account of the Defendant on the 13th day of December of the same year.

2. On May 2013, the Defendant: (a) around the foregoing office; (b) notwithstanding the fact that the Defendant did not have the intent and ability to perform the factory extension work even if having received the construction payment from the victim, the Defendant, despite having no capacity to do so, would have the victim carry out construction work at KRW 30 million upon leaving the factory extension work to B; (c) has to first put the expensive goods; and (d) has made a false statement to the effect that “the remittance would change.

As a result, the Defendant, from the victim, to the above F’s account, KRW 20 million on the 21th of the same month, KRW 3 million on the 21th of the same month, KRW 4 million on the 23th of the same month, and the same year.

6.3. 2 million won, and the same month;

7. The 1 million won and the 600,000 won on November of the same month received each remittance and acquired 11,60,000 won in total.

"2016 Highest 3240"

3. On March 25, 2014, the Defendant made a false statement to the victims G at the Dong University Hospital located in the Dongdong-gu Mealdong-gu, Yongsan-gu, Yongsan-gu, Seoul, that “The Defendant would lend hospital expenses to the victims G, who would have to pay hospital expenses by doing business after the discharge.”

However, in fact, the defendant was thought to use hospital fees from the victim as living expenses, etc., and did not have intention or ability to repay hospital fees.

Accordingly, the Defendant received total amount of KRW 500,000 from the victim on March 25, 2014, and KRW 400,000,000 from March 29, 2014 from the victim to the Nong Bank account (Account Number: H) in the name of the victim used by the Defendant.

4. The Defendant (hereinafter “Defendant”) around March 2014.

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