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(영문) 제주지방법원 2013.08.28 2013고단413
사기
Text

A defendant shall be punished by imprisonment for not more than ten months.

Reasons

Punishment of the crime

The Defendant, along with B, was a de facto spouse, was operating the market by sunrise to know “D” in the C apartment located in the Gyeonggi-si Water Zone.

1. On May 13, 2010, around 15:00 on May 13, 2010, the Defendant: (a) stated that “A victim E may sell and use a paracopon in the instant market for one year if he/she entered into a contract with the Da apartment alle Market to make it possible for the victim E to sell and use a parapon in the instant market for one year, with advance payment of KRW 1.5 million.”

However, on April 15, 2010, the Defendant received the notice of termination of the contract from the above C Apartment Management Office and received it no longer from the said C Apartment Management Office, so even if he received advance payment from the victim, the Defendant did not have the intent or ability to sell the Biocop in the market until sunrise.

The Defendant, by deceiving the victim as above, received 12.5 million won from the victim to the account (Account Number:G) in the name of one bank account in B as advance payment immediately.

2. Around Jan. 2010, the Defendant: (a) around May 201, the victim H told-gu Seoul Metropolitan Government I apartment house from sunrise to sunset; and (b) around Apr. 2010, the husband of the victim H determined that “Around Apr. 2, 2010, the Defendant changed in advance the down payment to be 20 million won out of the down payment to be reduced until sunrise.”

However, since from around 2009, it decided to convert the method of selecting the company operating within the range of sunrise to the method of open tendering, the defendant was unable to know whether the company will be designated as the company operating within the range of sunrise, so even if he receives money from the victim, he did not have the intention or ability to make the contract within the scope of

As above, the Defendant, by deceiving the husband of the victim, shall receive KRW 10 million from the victim on January 15, 2010, and KRW 20 million on or around January 20, 201, including KRW 10 million, from the victim, from the national bank account in the name of D (Account Number:K).

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