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(영문) 인천지방법원 2013.11.14 2013고단7158
공문서위조등
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

Seized evidence subparagraph 1 shall be forfeited from the accused.

Reasons

Punishment of the crime

[Criminal Power] On July 3, 2009, the Defendant was sentenced to a suspended sentence of three years and a fine of three million won in the month of imprisonment for fraud, etc. at the Incheon District Court.

【Criminal Facts】

1. Around February 4, 2010, the Defendant presented a false quotation to the effect that “Around February 4, 2010, the Defendant would have the victim C obtain a comprehensive construction license by remitting KRW 131,981,00 of the cost of issuing the comprehensive construction license to E, the representative director of the office of Seo-gu Incheon Metropolitan Government D victim C.”

However, the defendant had no intention or ability to get a comprehensive construction license issued to the victim because he thought that he would use this money for futures investment.

The Defendant, by deceiving the victim as such, received KRW 2.4 million in total from the victim’s Cit Bank account (F), KRW 50 million in the agricultural bank account in the name of G Co., Ltd. on February 26, 2010, and KRW 79,581,00 in the said agricultural bank account on April 2, 2010, and received KRW 131,981,000 in total from the said agricultural bank account.

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

2. The Defendant, at the end of August, 2010 to beginning of September, 201, submitted a written estimate to the effect that “If the cost of issuing the construction license is remitted to the victim I, the Defendant would have the victim obtain the construction license necessary for the water supply and sewerage construction work.”

However, in fact, the defendant had no intention or ability to get the construction license issued to the victim because he thought that he would use this money for futures investment.

On September 16, 2010, the Defendant, by deceiving the victim, received KRW 3 million from the victim to the Defendant’s Cit Bank account (F), KRW 2 million from the said Cit Bank account on September 20, 2010, and KRW 25 million from October 4, 2010, and transferred KRW 30 million in total to the agricultural bank account in the name of G Co., Ltd. (H).

In this respect, the defendant deceivings the victim to take property.

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