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(영문) 인천지방법원 2013.09.12 2013고단2039
사기
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

1. Around April 15, 2008, the Defendant made a false statement to the victim D that “The Defendant would subcontract the removal work with the owner of the H factory located in the Nam-gu Incheon Metropolitan City, Nam-gu, Seoul, with the owner of the H factory and the payment of KRW 30 million to the said factory as the down payment to the victim D, by May 20, 2008.”

However, since the defendant did not conclude a contract for removal construction with the owner of the H plant, even if he did not have any authority to remove the H plant, he did not have any intention or ability to subcontract the removal construction normally by the date of the contract, even if he received money from the victim as the contract deposit for the subcontracted construction.

The Defendant, by deceiving the victim as such, received KRW 30 million from the account in the name of the I Stock Company, the Defendant, as the down payment for the removed construction around April 23, 2008, under the pretext of the down payment for the said removed construction from the victim.

2. Around April 25, 2008, the Defendant against the victim J made a false statement to the victim J on the part of the International Office of the Defendant’s operation located in Gyeyang-gu Incheon Gyeyang-gu, Incheon, that the Defendant would give a subcontract to the victim J for the removal of the said factory by May 25, 2008 when he/she pays KRW 30 million as down payment.

However, the defendant had already entered into a subcontract with the above D, and there was no authority in relation to the removal of H plant, so even if he received money from the victim as a down payment, he did not have the intent or ability to normally subcontract the removal of the removal work.

On April 28, 2008, the Defendant, by deceiving the victim, received three copies of the KRW 10 million check as the down payment for the removal work from the victim.

Summary of Evidence

1. Defendant's legal statement;

1. The defendant;

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