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(영문) 인천지방법원 2015.01.14 2013고단8523
사기
Text

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

Reasons

Punishment of the crime

[2013 Highest 8523] On March 11, 2010, the Defendant made a false statement to the victim D that “The Defendant would supply scrap iron, such as sn beam lines, generated at the site of removal, because he purchased the right to remove e-construction model house in Jeonnam,” at the C company office located in Gwangju.

However, in fact, the Defendant did not have any intention or ability to supply the scrap iron to the F company, which is another business entity, because the Defendant planned to supply the scrap iron, such as the sn beam beam from the removal site.

Nevertheless, on the same day, the defendant was given 50 million won as the payment for the scrap metal to the victim.

[2014 Highest 2423] Around July 10, 2013, the Defendant stated that “the removal of the G building model house was ordered to the victim H” in the G building model of the G building located in the Songdo-dong Incheon International New City, Yeonsu-gu, Incheon. The Defendant first agreed to sell the entire Gohap and H beams generated in the removal of the building at KRW 135.7 million.”

However, at the time, the Defendant borrowed money from others because the Defendant did not raise KRW 70 million, which is the cost of purchasing model cargo services, and did not borrow money from others; the Defendant bears the liability of KRW 30,000 incurred in connection with the existing construction; and the Defendant did not pay KRW 30,000,000,000 which was previously borrowed from the victim; thus, even if the purchase amount was first received from the victim, the Defendant did not have the ability to normally complete the removal work and supply sn beam and h beam.

As above, the Defendant made a false statement to the victim, and obtained KRW 100 million on the same day from the victim, and acquired it by fraud.

[2014 Highest 8435] The defendant is a person who actually operates the I Company, and the victimJ is a person who actually operates the K Company.

1. On March 16, 2013, the Defendant, at the office of the above K Company, located in the Seo-gu Incheon L, ordered the victim to remove the model house in the military.

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