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(영문) 서울중앙지방법원 2013.06.24 2012고단6879
사기
Text

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

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On November 2, 2011, the Defendant was sentenced to two years of imprisonment with prison labor for fraud, etc. at the Seoul Eastern District Court, and the said judgment became final and conclusive on March 30, 2012.

1. At around 15:00 on December 22, 2010, the Defendant told the victim D to the effect that “The Defendant would be able to receive a subcontract for the 6th floor interior construction of the private-owned housing unit in the area of the C private-owned housing unit in the vicinity of the C private-owned housing unit in Jung-gu Incheon, Jung-gu, Incheon, to receive KRW 1.6 billion since the C private-owned housing unit construction is located in (ju)E to receive KRW 15 billion.”

However, the defendant did not have the intent or ability to allow the victim to receive the subcontract for the above interior work on behalf of the temporary staff of the above company.

As above, the Defendant deceivings the victim and was transferred from the victim to the post office account under the name of the Defendant, namely, from the victim, to the post office account under the name of the Defendant.

2. Around December 29, 2010, the Defendant stated to the effect that “The victim did not pay money to the victim at the head office “(ju)E head office so that no money would incur operating expenses.” If so, the Defendant would pay money without putting the money out of the said head office.”

However, the fact was that the Defendant intended to use the money to pay the Defendant’s personal debt worth KRW 70 million from the victim, and it was unclear whether to receive the money from the said head office, and there was no intent or ability to pay the money, even if the Defendant borrowed the money from the victim.

The Defendant, by deceiving the victim as above, received KRW 7 million on the same day under the name of the Defendant from the victim to the post office account in the name of the Defendant, and received KRW 23 million on two occasions, including KRW 16 million on January 19, 201 and KRW 16 million on January 19, 201.

Accordingly, the defendant deceivings the victim and 33 million won in total.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. A previous conviction in judgment:

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