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(영문) 인천지방법원 2014.08.14 2014고단775
사기
Text

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

The defendant shall pay 7,750,000 won to the applicant for compensation by deceit.

Reasons

Punishment of the crime

The Defendant, “2014 Highest 775,” only prepares a mechanical design drawing, was unable to manufacture machinery, was willing to use the down payment received from the victim C as daily living expenses, and was in bad credit standing, such as where approximately KRW 20 million is liable, and thus, even if he receives the down payment for machinery equipment and manufacturing from the victim, he did not have the intention or ability to manufacture it, and did not have any intention or ability to return the down payment received from the victim.

On April 10, 2013, the Defendant made a false statement to the effect that “The Defendant, the representative of the E-cafeteria, who reported and contacted the writing on the mechanical design service posted by the Defendant on the Internet Nene Blob Blogs in Seoul, Jung-gu, Seoul, to the effect that “The 50% of the automatic cutting machine design and manufacture within one month, may be changed from the first down payment to 50%.”

Around April 11, 2013, the Defendant, by deceiving the victim, received 3,250,000 won as contract deposit through a new bank account in the name of the Defendant from the victim.

On May 5, 2013, the Defendant continued to make a false statement to the same effect as the victim at the same place, and received 4.5 million won from the victim via the same account around May 10, 2013.

Accordingly, the defendant, by deceiving the victim, received a total of KRW 7750,000 from a total of two occasions, and acquired it by fraud.

around February 7, 2014, the Defendant stated that “The Defendant would make frying machine manufacturing to the victim at the H office operated by the victim G in Article 101 of F of Gangdong-gu Seoul Metropolitan Government F. 24,675,00 won for total expenses, and first of all, he would make 12 million won for the down payment after manufacturing the fying machine.”

However, the defendant did not have the intent or ability to manufacture protruding machines even if he received the above money from the victim.

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