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(영문) 인천지방법원 2015.04.27 2015고단1378
사기
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

1. Around November 14, 2012, the Defendant against the victim T made a false statement to the victim T by stating that “I would find the victim as a member upon request from the victim, who retired from work in the modern iron market, and was well aware of the president, vice president, director, etc.”

However, the defendant did not have any intention or ability to find job W as a member of the modern file.

On December 24 of the same year, the Defendant, by deceiving the victim, received a total of KRW 20 million from the victim on two occasions, such as receiving KRW 10 million from the bank account in the name of X, the same day from the victim and receiving KRW 10 million from the bank account in the name of Y.

2. On March 9, 2013, the Defendant made a false statement to the victim Z, “A new building construction work is to be made in the Geong Incheon Island, and if the construction cost is short of the construction cost, will be repaid as the completion of the construction work is due to the shortage of the construction cost.” On April 11, 2013, the victim received KRW 25 million in cash and in cash from the victim. ② Around April 11, 2013, the Defendant made a false statement to the effect that “A new construction of a building is being built in the Gecheon Steel Island, the additional construction cost is required, and the construction cost is to be paid in full including money borrowed prior to the completion of the construction work.”

However, even if the Defendant borrowed money from the victim, he did not have any intention or ability to repay it.

The Defendant, as such, by deceiving the victim, received a total of KRW 45 million on two occasions, such as receiving KRW 20 million from the victim to receive KRW 20 million in cash and cash in the same place.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement concerning T or Z;

1. Application of Acts and subordinate statutes to a copy of a loan certificate, a copy of the statement of transactions, and a copy of the statement of transactions;

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