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(영문) 인천지방법원 2020.08.20 2020고단2460
사기
Text

A defendant shall be punished by imprisonment for six months.

An application for remedy by an applicant for remedy shall be dismissed.

Reasons

Punishment of the crime

On November 20, 2019, the Defendant was sentenced to three years and six months of imprisonment for fraud, etc. by the Incheon District Court. On July 4, 2020, the above sentence became final and conclusive.

The Defendant, from August 2018 to April 2019, had been in office in C (hereinafter “C”) a corporation operating a postnatal care center (hereinafter “C”).

1. On December 14, 2018, the Defendant against the victim D stated that “The victim, who operates a photographic steo, will open the c postnatal care center to Seoul F on January 1, 2019.” The Defendant said that “the victim, who is operating a photographic steo, will open the c postnatal care center to Seoul F on January 1, 2019.” At the above dump point, the Defendant said that “the victim, at the above dump point, would have the exclusive right to contract the taking of

However, in fact C did not have any plan for open opening, and even if the defendant received money from the victim, he did not deliver it to C, but did not have any intention or ability to grant exclusive right to contract to the victim.

Nevertheless, the Defendant, by deceiving the victim as above, received KRW 30 million from the victim to the single bank account in the name of the Defendant, and acquired it by deceiving the victim.

2. Around February 8, 2019, the Defendant against the victim B made a false statement to the victim, who operated the Gangnam-gu Seoul, the fourth floor Co., Ltd., and the photographic tyres, stating that “The victim, who is operating the C Postnatal Care Center C, would have the exclusive right to contract to photograph a newborn baby at the C Postnatal Care Center G and C, claiming down payment.”

However, in fact, there was another steisian who had already entered into a monopoly contract for three years around June 2018, and C did not have a plan to modify the existing monopoly contract of a wooden store. Even if the defendant received money from the victim, he did not deliver it to C but did not have an intention or ability to grant the victim the exclusive right to contract.

Nevertheless, the defendant deceivings the victim as above and is on the same day from the victim.

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