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(영문) 수원지방법원 안산지원 2012.11.16 2012고단1465
사기
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

Reasons

Punishment of the crime

"2012 Highest 1465"

1. On January 2, 2011, 201, the defrauded of the Victim C expressed to the Victim C (Seoul and 64 years old) on January 2, 2011, “If construction work is conducted at the Dac shop in Ansan-si, Chungcheong-si, Chungcheongnam-si, the Defendant would receive construction commencement money from January 13, 201 and repay at the latest by January 17, 201, the date of commencement of construction work if he/she lends money with business funds.”

However, in fact, the defendant did not receive the above construction work, and since the standard contract for the construction work in the name of the defendant, which was shown to the victim C, was merely a provisional contract, there was no intention or ability to complete payment even if he received money from the victim C.

Nevertheless, as above, the defendant deceivings the victim C, and thereby deceivings the victim C by receiving KRW 12 million from the victim C.

2. On January 11, 2011, with respect to the victim C, the Defendant made a false statement to the effect that “The Defendant would pay the victim C by January 30, 2011, if he/she lends money to another person, by January 30, 201, when he/she was scheduled to construct a construction at the Maddong Ead-gu, Ansan-si, Ansan-si, to receive the construction cost on January 30, 201.”

However, the defendant did not receive the construction cost due to the absence of the above construction work, and even if he borrowed money from the victim C, he did not have the intention or ability to complete the payment.

Nevertheless, the Defendant, as seen above, was accused of the victim and was issued 31 million won by the victim C.

3. On February 23, 2010, the criminal defendant against the victim F made a false statement to the victim F (F) at a certified judicial scrivener office that is not aware of the trade name in front of the tin village in Songpa-gu Seoul, Songpa-gu, Seoul, stating that “I will complete payment within one month if the material cost falls short of the material cost to carry out artificial construction works at a hospital in Dongducheon-do, and if you lend 20 million won to him/her.”

However, the defendant did not have the hospital test run at the time, and he did not pay money from the victim F.

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