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(영문) 대전지방법원 홍성지원 2018.03.13 2016고단963
사기
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On November 25, 201, 201, the joint defendant D, prior to the separation of the defendant, knew that the victim E paid approximately KRW 1.38 billion of the bid deposit to the victim E, and attempted to obtain the bid price in the amount of KRW 20 billion of the successful bid price to be awarded in the amount of KRW 1.38 billion of the bid price in the ASEAN-si located in the ASEAN-si, thereby deceiving the victim as if he would create a large amount of capital, thereby deceiving the victim to obtain money as actual expenses such as consulting expenses, appraisal expenses, transportation expenses, etc.

1. The Defendant and D around February 14, 2012, at the victim’s office located in the Gangnam-gu Seoul Metropolitan Government G Building H, and “F as security within the second week,” changed the amount of KRW 18 billion to KRW 30 million as security for the test fund consulting cost.

However, as the defendant and D did not secure funds of 18 billion won at the time, they did not have the intention or ability to pay 18 billion won to the victim normally within the second week in which the victim should pay the successful bid fund, and they did not have the intention or ability to pay 18 billion won to the victim and received the money under the name of consultation expenses from the victim.

In collusion with D, the Defendant, by deceiving the victim, received 30 million won from the victim to the I Bank Account (J) in the name of D on the same day from the victim, and acquired it through remittance as a consulting cost.

2. On February 24, 2012, the Defendant and D continued to demand additional funds of 2 billion won from the injured party upon the request that additional funds be required, and the Defendant and D made a false statement with the intent to demand additional funds from consulting funds. “In order to provide a loan to 20 billion won, the Defendant may provide a loan through K Bank if an additional security is offered.”

However, the defendant and D had no intention or ability to prepare funds of 20 billion won to the victim through the above K Bank, and it was thought that they will be locked after receiving money from the victim for personal purposes.

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