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(영문) 인천지방법원 2013.06.20 2012고단11287
사기
Text

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

Reasons

Punishment of the crime

1. Around October 14, 2010, the criminal defendant against the victim C made a false statement to the victim that “The victim would be able to perform the removal work of a Green Cross medicine factory in Gyeonggi-do. In order to conclude a removal contract, the defendant made a false statement to the victim that “the cost of the road would be KRW 5 million because the cost of the road would be required to be increased to KRW 5 million.”

However, since the defendant did not have the authority to remove a Green Cross medicine factory, there was no intention or ability to do so even if he received the above money from the victim to remove a Green Cross medicine factory.

The Defendant, as above, by deceiving the victim, received KRW 5 million from the victim to the national bank account under the name of the Defendant on the day.

Accordingly, the defendant deceivings the victim to take the property by deceiving the victim.

2. Fraud against victim D;

A. On April 30, 2012, the Defendant made a false statement to the Defendant that “A female student was written with a loan of KRW 24 million from the bond company, which he/she did not yet pay the money to the victim within the Defendant’s vehicle that is frighten in good credit from the Seo-dong, Chungcheongnam-dong, Chungcheongnam-dong, and that he/she will pay the money after one month if he/she borrowed it to the Defendant, which is required to do so.”

However, the defendant did not have the intention or ability to repay even if he received the above money from the victim, since the financial status of the defendant has deteriorated due to excessive debts such as 65 million won and 200 million won of personal debts at the time.

On May 2, 2012, the Defendant deceptioned the victim as above, and issued 10,000 won cashier’s checks to the Defendant’s bank account under the name of the victim, in the Defendant’s vehicle located in the agricultural parking lot in Yong-dong, Chungcheongnam-dong, Chungcheongnam-dong, Chungcheongnam-dong, Gyeonggi-do. On the same day, the Defendant received 20 million won from the Defendant’s bank account in the name of the victim, and received 20 million won from May 31, 2012.

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