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(영문) 인천지방법원 2017.09.28 2017고정1749
사기
Text

Defendant shall be punished by a fine of KRW 2,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The Defendant, while operating a personal construction equipment business, was in a state of need to pay money to a large number of persons due to the occurrence of an accident where the number of persons exceeds the construction equipment, and there was no intent or ability to pay money to the victim. The victim B and his wife operated the D rice tea House within the Seo-gu Incheon Metropolitan City City City City City City City Mayor.

1. On July 13, 2016, the Defendant: (a) around July 13, 2016, the Defendant: (b) deemed that the victim’s wife felled to the victim’s wife as a vehicle on the day coming from the instant D rice tea house operated by the victim; and (c) that the hospital expenses need to be incurred.

However, the defendant did not have any traffic accident that leads to a vehicle.

As such, the Defendant, by deceiving the wife of the victim, received KRW 150,000 from the wife of the victim in cash under the name of the hospital expenses for the money in need of traffic accidents.

2. On July 14, 2016, the Defendant, on July 14, 2016, visited the said D rice farm around the first instance trial on July 14, 2016, visited the Defendant, as described in paragraph (1) and did not have any traffic accident leading to the Defendant’s vehicle as described in paragraph (1) but the Defendant died at the E hospital, and said that the Defendant was in need of KRW 1,50,000 as funeral expenses.

As such, the Defendant, by deceiving the victim, received 1.5 million won in cash as funeral expenses from the victim of a traffic accident.

3. On July 19, 2016, the Defendant: (a) visited the said D rice farm around July 19, 2016, at around 5:00 p.m., the Defendant: (b) visited the Defendant at around 5:0 p.m. on July 19, 2016; (c) provided that the Defendant was unable to have caused a traffic accident that leads to the Defendant’s vehicle as indicated in paragraph (1) of this Article; (d) provided, the Defendant was required to resolve the insurance because the vehicle involved in the accident was not covered by the company lease, such as the insurance, etc.; and (e) provided, false statement that KRW 2 million is necessary.

As such, the defendant deceivings the victim, and thereby deceiving him.

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