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(영문) 서울중앙지방법원 2014.07.02 2014고단2176
사기
Text

A defendant shall be punished by imprisonment for one year.

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

Around April 2008, the Defendant heard that he attempted to engage in a cleaning service contract with several places of business from D, an employee of the victim C Co., Ltd. (hereinafter referred to as “C”) of the cleaning service company (hereinafter referred to as “C”), which became aware of around April 2008, and planned to raise living expenses by acquiring money from the victim under the pretext of cleaning service contract for the purpose of cleaning service contract.

On May 21, 2008, the Defendant, at the office of the Defendant located in Dongdaemun-gu Seoul Police Officer, stated that “A Fund of KRW 10 million is required to have the victim’s staff member D who is well aware of the persons concerned. When intending to have a contract concluded on a reliable basis. If the contract is not concluded, the Defendant would return KRW 10 million until June 30, 2009.” On May 21, 2008, the Defendant received from the victim a delivery of KRW 10 million to the post office account in the name of F (G) in the name of the Defendant’s child on May 21, 2008.

Since then, the defendant received a request from the above victim to return the above 10 million won from the above victim in July 15, 2008, the defendant made a false statement to the above victim, stating that "it is difficult to receive the present construction cost, so that he may receive the cleaning service of the Gangnamnam Hospital, 5 million won may be changed to the street funds," and the defendant received 1.2 million won from the victim to the above post office account on July 15, 2008 as the street funds.

However, the Defendant did not have the intent or ability to have the victim C enter into the aforementioned cleaning service contract. After receiving the above money, the Defendant did not intend to use the aforementioned money as the street funds from the beginning, such as dumping the money for personal living expenses. There was no special occupation and property at the time, and there was no intention or ability to repay the money.

As such, the Defendant, by deceiving the above victim, acquired a total of KRW 11.2 million.

"2014 Highest 2466"

1. The defendant committing a crime against the victim H is a member of Ansan-si Office I. around July 9, 2007.

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