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(영문) 대전지방법원 서산지원 2018.09.20 2018고단567
사기
Text

Defendant shall be punished by a fine of five million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

1. On March 23, 2017, the Defendant against the victim B calls the victim at an insular place and calls the victim for “A is expected to make all times, and the amount of KRW 3 million would be used for the meal cost. Accordingly, the Defendant would be able to enter into a contract with C to supply and install materials, such as safety supplies for a period between C and one-year period.

“.....”

However, in fact, the Defendant did not have a position to conclude C’s contract for the supply of safety supplies, and was not capable of allowing the victim to conclude the above contract, and was in excess of his/her liability, such as having already performed the obligation equivalent to KRW 100 million, and having used a half of the monthly payment in paying the above obligation, so it was thought that the Defendant would receive the money from the injured party for personal living expenses, repayment of obligations, etc.

Nevertheless, the defendant deceivings the victim as above and acquired 3 million won through the NongHyup Bank account (D) in the name of the defendant on the same day from the victim.

2. On December 11, 2017, the Defendant against the victim E calls the victim at an irregular place and calls the victim to “A is expected to make a general ceremony at the time, and the victim requests KRW 2 million to be used for the meeting cost. On that occasion, the Defendant would be able to enter into a cleaning contract with C in early 2018 for cleaning between C and one year.

“.....”

However, in fact, the Defendant did not have a position to enter into the cleaning service contract of C, and did not have the ability to make the victim enter into the said contract, and was in excess of his/her obligation, such as having already performed the obligation equivalent to KRW 100 million and having to use a half of the monthly wage in repayment of the said obligation. Therefore, the Defendant was thought to use it in personal living expenses, repayment of obligations, etc. in return for money from the victim.

Nevertheless, the defendant deceivings the victim as above and is the corporate bank account (F) account in the name of the defendant on the same day from the victim.

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