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(영문) 대구지방법원 경주지원 2015.04.09 2014고단859
사기
Text

Defendant shall be punished by a fine of KRW 7,000,000.

If the defendant does not pay the above fine, the amount of KRW 100,000 shall be paid.

Reasons

Punishment of the crime

[2014 Highest859]

1. C 철거공사 고철 인도 명목 사기 피고인은 2014. 6. 12.경 경주시 D에 있는 C에서 피해자 E에게 “C 폐공장 철거 공사를 땄다. 나오는 고물을 줄 테니 계약금을 걸어라”고 거짓말하였다.

However, even if the defendant receives down payment from the victim, he did not have the intention or ability to deliver the article.

The Defendant, by deceiving the victim as above, received KRW 1 million immediately under the name of the victim as the down payment for scrap metal, and KRW 500,000 on the following day from the victim to the account in the name of the Defendant.

2. Around June 14, 2014, the Defendant, in the name of delivery of scrap metal for the removal of the F cafeteria, made a false statement to the victim E, “I would have entrusted the removal of the F cafeteria located in the Daegu Suwon-gu Suwon-gu, and deliver the air conditioners at each room if I want to run down the down payment.”

However, even if the defendant receives down payment, he did not have the intention or ability to deliver the air conditioner to the victim.

The Defendant, by deceiving the victim as above, received KRW 1 million from the victim to the account in the name of the Defendant as a down payment.

3. On July 11, 2014, the Defendant entered into a false statement that “The Victim E received high water equivalent to KRW 30 million at the market price in the G” from G located in Yongcheon-si H, Young-si. The Defendant would deliver the high water on the face of the down payment.”

However, even if the defendant receives down payment, he did not have the intention or ability to deliver the article to the victim.

The Defendant, by deceiving the victim as above, received KRW 1.5 million from the victim under the name of the victim as the down payment on the same day.

[2014 Highest 1061]

4. On June 2, 2014, the Defendant: (a) around 15:00, at the same time, was in the process of filing a lawsuit against the victim J of the case, in a multilateral compromise of the trade name in the Jung-gu, Daegu-gu, Daegu-gu., Daegu-gu; and (b) recorded the case.

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