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(영문) 인천지방법원 2016.12.15 2016고단6122
사기
Text

A defendant shall be punished by imprisonment for one year.

The defendant is 250,00 won by fraud to C who is an applicant for compensation and D who is an applicant for compensation.

Reasons

Punishment of the crime

On April 10, 2014, the Defendant sentenced the Incheon District Court to imprisonment with prison labor for fraud, etc. on April 10, 2014, and completed the execution of the sentence on February 24, 2015.

【Criminal Facts】

In light of the fact that the Defendant was aware of the victim E (ma, 64 years of age) and F, a host site, from April 20, 2015, the Defendant did not have a certain occupation and did not intend to obtain money from the victim to take action as if he were G (unauthorized) and to raise living expenses, and even if he did not receive money from the victim under the pretext of repair expenses, hospital expenses, etc., the Defendant did not have any intent or ability to repay it, notwithstanding the fact that he did not have any intent or ability to do so.

1. On May 30, 2015, the victim E calls from the office near the office of Bupyeong-gu, Incheon, Bupyeong-gu, No. 2015 to the victim E, and then, “on the ground that there is no oil to the Kimcheon-cheon because there is no oil from the vehicle, it is impossible to leave the vehicle to Kimcheon-cheon,” the victim was transferred KRW 150,000 to the Defendant Agricultural Cooperative (H) account in the name of the defendant around 20:53:51 on the same day;

2. On May 31, 2015, a false statement stating that “If a vehicle calls to Kimcheon because it does not run at the time, it would go to Kimcheon, after repairing the vehicle, it would go to Kimcheon,” and that it would go to the victim, at around 11:04:14 on the same day, it received KRW 100,00 from the victim to the Agricultural Cooperative (I) account in the name of the defendant at around 11:04:14 on the same day;

3. On June 1, 2015, a false statement stating that “If the victim calls for a vehicle and there is no money that has any important part of the vehicle due to any defect, and then transfers such money to the victim, he/she shall fully repay all the money he/she received, and thereafter he/she shall start to Kimcheon after repair.” On the same day from the victim at around 11:15:43 on the same day, he/she receives KRW 150,00 from the victim to the account in the name of the defendant on the same day;

4. On June 7, 2015, at the expense of 6:00, the phone calls from the victim and “G is to the hospital.”

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