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(영문) 서울서부지방법원 2016.11.04 2015고단2937
사기
Text

Defendant

A shall be punished by imprisonment with prison labor for eight months and by imprisonment for four months.

, however, from the date this judgment becomes final.

Reasons

Punishment of the crime

1. On April 16, 2013, the Defendants’ co-offenders of the Defendants made a false statement to the effect that “A victim E may be granted the right to operate a restaurant at the construction site of the construction site of the construction site of the construction site of the construction site of the Korean Peninsula in Incheon, and if another division originally inputs money to sell it to the people, the Defendants would be granted the right to operate the restaurant at the construction site of the construction site of the construction site of the construction site of the construction site of the construction site of the construction site of the construction site of the first place of the first place of the first place of the first place of the payment of money.” The Defendants B made a false statement to the effect that “I have a person different from the Defendant A, who is the actual tax at the construction site of the Incheon, is the actual tax at the construction site of the construction site of the construction site of the construction site of the second Korean.”

However, even if the above money is paid from the victim, the Defendants planned to use it as living expenses of the Defendants, etc., and had no ability to secure the right to operate the restaurant at the above construction site.

As can be seen, the Defendants conspired to deception the victim, and then were remitted 20 million won from the victim’s account on April 17, 2013.

2. The sole criminal conduct of Defendant A;

A. On June 7, 2013, the Defendant made a false statement to the effect that “In order to acquire the right to operate the brine restaurant at the construction site in the Incheon Nam-gu Inter-dong, Incheon, the Republic of Korea National University at the construction site, 5,500,000 won should be added, and 5,500,000 won should be granted the right to operate the brine restaurant at the construction site.”

However, even if the above money is paid, the defendant was not capable of having the right to operate the restaurant at the construction site, and the above money was planned to be used as living expenses, etc., and there was no intention or ability to return the above money to the victim.

The Defendant, as such, by deceiving the victim, received KRW 5,50,000 from the victim on the same day.

B. On June 12, 2013, the Defendant is the victim at a place in an influence.

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