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(영문) 대구지방법원 서부지원 2014.04.18 2013고단1567
사기
Text

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

Reasons

Punishment of the crime

1. On September 23, 2009, the Defendant committed the crime of September 23, 2009, the false statement stating that “The Defendant would have to execute the construction work together with payment of KRW 10 million, such as expenses incurred in receiving an order from the Korean Veterans Association at the time of stay in North Korea, from the E office operated by the victim D, the victim D, located in the Si of Gyeongbuk-si in the Si of Gyeongbuk-si.”

However, the fact did not have the intention or ability to execute the construction of a set.

The Defendant was given KRW 10 million from the victim, i.e., a bid bond, guard, etc. in the seat of the Defendant.

Accordingly, the defendant was given property by deceiving the victim.

2. On October 7, 2009, the Defendant committed the crime of October 7, 2009, at the above Paragraph 1 office, made a false statement to the effect that “The Defendant received orders from the victim for road expansion works in the 88 Highway Section of Daegu-U.S., and should extract and remove pine trees first in relation to this construction, and would have to pay KRW 15 million to obtain the shipment permission, and will have the construction be carried out together if it is paid.”

However, the fact was that there was no intention or ability to perform road expansion construction works in the 8th Highway in Daegu-Gwang Week with the victim and the permission for removal of pine trees.

The Defendant received 15 million won from the victim as the expenses for permission to take out pine trees from the seat.

Accordingly, the defendant was given property by deceiving the victim.

3. Around October 21, 2009, the Defendant committed the crime of October 21, 2009, false statement to the effect that “If the Defendant paid 12.5 million won to the victim with the permission to extract pine trees, he/she would have the Defendant perform the construction work together with the payment for the receipt of pine trees, because the permission to extract pine trees was granted.”

However, in fact, after obtaining permission to extract pine trees, the intention or ability to perform road expansion construction works in the eight sections of the Daegu-Ullely 8 Expressway with the victim.

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