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(영문) 인천지방법원 2019.05.21 2019고합215
사기등
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

3,590,000 won shall be additionally collected from the defendant.

The above additional collection shall be reasonable.

Reasons

Punishment of the crime

1. B Fraud related thereto and violation of the Attorney-at-Law Act;

A. On October 15, 2014, the Defendant, who was awarded a contract for new construction of a chickens factory, concluded a false statement to the victim B by stating that “The Defendant would be in preparation for new construction of a factory by taking over a chickens processing factory in Mapo-gu Seoul Metropolitan Government, and by taking over it in Yangju-si, the Defendant would be in charge of new construction of a factory.”

In fact, the defendant did not take over a chickens processing factory, and he did not have any occupation or income at the time and thought that he would use the money received from the victim for living expenses, and he did not have any intention or ability to take over the factory to take charge of the new construction of the factory to the victim.

Around October 28, 2014, the Defendant, by deceiving the victim as above, received KRW 100,000 from the victim, to a bank account (E) in the name of the Defendant, and acquired KRW 18,217,150 in total on 123 occasions from the above date and time to June 14, 2017, by deceiving the victim as shown in the attached crime list (1).

B. On February 2, 2015, the Defendant made a false statement to the effect that “If his father is selected as a person of distinguished service to the State, 300 million won would be paid to the victim B at a coffee shop near the Jung-gu Seoul Metropolitan Government Office, the Defendant would make it possible for his father to be selected as a person of distinguished service to the State, such as the head of the Army branch at which he was a public official of the Ministry of Patriots and Veterans Affairs in charge of the selection of a person of distinguished service to the State, and his father would be able to have access to the records on his father, who was a public official of the Army branch at the Army.”

In fact, the defendant did not have any intention or ability to select the father of the victim as a person of distinguished service in favor of the public officials of the Ministry of Patriots and Veterans Affairs or senior soldiers.

The Defendant, as above, deceiving the victim and raise funds for solicitation from the victim around February 7, 2015.

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