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(영문) 대전지방법원 천안지원 2016.04.22 2015고단1706
사기등
Text

A defendant shall be punished by imprisonment for not less than eight months.

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

Reasons

Punishment of the crime

On June 20, 2014, the Defendant was sentenced to a suspended sentence of two years for fraud in the Daejeon District Court's Incheon District Court's Branch for the purpose of fraud, and on June 28, 2014, the said judgment became final and conclusive.

1. Fraud;

A. On November 21, 2012, the Defendant, against the victim C, indicated “the standard contract for construction contract under the name of F Company G” to the victim C in the E real estate located in Asan-si around November 21, 2012, and said, “I would transfer the removal construction work if I would transfer the advance KRW 16 million.”

However, in fact, the standard contract for the above construction contract was arbitrarily forged by the defendant, and the defendant did not enter into the contract with the F for the construction of excreta treatment facilities, and only required urgent money due to his hospital expenses, etc., so even if he received advance payment from the victim, he did not have the intent and ability to transfer the removal work.

Nevertheless, the defendant, by deceiving the victim, received 16 million won from the company bank account in the name of the defendant in the name of the victim in the name of advance payment from the victim, and acquired it by transfer on the 23th day of the same month.

B. On January 14, 2013, the Defendant expressed the “Standard Contract for Construction Work in the F company G’s name” to the victim H, who became aware of in the vicinity of the waste treatment plant in the Sinsan-si, Masan-si, and said, “I will transfer the removal work if I would transfer the acquisition price.”

However, in fact, the standard contract for the above construction contract was arbitrarily forged by the defendant, and the defendant did not have concluded the contract for the construction of excreta treatment facilities with F, and only required urgent money due to his own hospital expenses, etc., so even if he received the payment from the injured party, he did not have the intent to transfer the removal work.

Nevertheless, the defendant deceivings the victim, and thereby deceiving the victim.

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