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(영문) 인천지방법원 2019.07.24 2019고단408
사기
Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

around October 22, 2018, the Defendant stated that “A victim D who reported and contacted mechanical design services and manufacturing advertisement posts posted posted on the Internet” in Yeonsu-gu Incheon, Yeonsu-gu, Incheon, stating that “The Defendant will produce and sell them within 15 days from the date of conclusion of the contract, after receiving KRW 4 million of the production drawing services for pressure type devices, consortiums, hostings, and painting & consortiums.”

However, in fact, the Defendant did not have basic knowledge to prepare design drawings for manufacturing the above machinery, and even if receiving money from the victim, the Defendant did not have the intent or ability to complete the design drawings and deliver them within the contract period as agreed.

Nevertheless, on October 24, 2018, the Defendant received KRW 2 million from the victim to the Defendant’s new bank account as the down payment.

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

On July 16, 2018, the Defendant called “Around July 16, 2018,” a false statement to the effect that “Around July 16, 2018, the Defendant posted a phone call to the victim H at the G Office operated by the Defendant in the Dong-gu Incheon Metropolitan City building E building F, and that “A person would provide a water treatment process design service if he/she would provide KRW 11 million as he/she has designed environmental-related machinery.”

However, at that time, the defendant was in short of living expenses, and in the case of the above mechanical design, two or more designers are required, but the defendant company was considered to use the above design for living expenses without the intent or ability to make the design even if he received the above design service cost.

As above, the Defendant, by deceiving the victim as above, acquired 5.5 million won from the victim to the new bank account under the name of the Defendant as the down payment around the 24th of the same month.

The defendant of "2019 Highest 2383" is in the Socheon-si Office around December 4, 2018.

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