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(영문) 인천지방법원 2016.04.07 2015고단7898
사기
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

[J] On May 29, 2014, the Defendant was sentenced to six months of imprisonment for fraud at the Incheon District Court, and the judgment became final and conclusive on October 20 of the same year, and completed the enforcement on November 26, 2014.

[Criminal facts]

1. On April 5, 2015, the criminal defendant against the victim AC made a false statement to the effect that “The defendant would have completed the interior works of the apartment located in AF in the Gangwon-do Won-si, Gangwon-do, which is scheduled to move into, within two weeks, at the AE car page located in AD in the Suwon-si, Suwon-si, AD, and at the age of 54” to the victim AC.

However, in fact, the defendant had already failed to receive money from many victims due to a similar veterinary method, and there was no intention or ability to cause the interior work even if he has received the construction payment from the victims due to no particular property or income.

Nevertheless, the Defendant: (a) by deceiving the victim as above; (b) obtained money transfer from the victim to the Suhyup account under the name of the Defendant on the same day; and (c) 2 million won to the same account around May 2, 2015; and (d) obtained money from the victim.

2. On April 12, 2015, the Defendant against the victim AG made a false statement to the effect that “The contract deposit shall be KRW 2,00,000,000,000,000,000,000,000,000 won for the total construction work” to the victim AG (hereinafter referred to as “the victim AG) start the construction work to reduce the completion of the apartment construction within one week.”

However, in fact, the defendant had already failed to receive money from many victims due to a similar veterinary method, and there was no intention or ability to cause the interior work even if he has received the construction payment from the victims due to no particular property or income.

Nevertheless, the Defendant: (a) by deceiving the victim as above; (b) transferred KRW 2 million to the Suhyup account in the name of the Defendant around April 13, 2015 from the victim, who was affiliated therewith; and (c) on April 13, 2015.

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