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(영문) 대전지방법원 홍성지원 2017.10.10 2017고단603
사기
Text

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

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

1. Fraud against the victim C;

A. On December 31, 2015, the Defendant should replace the victim at the victim C’s house located in the Sinsan-si, Sinsan-si on December 31, 2015.

I would like to replace the main boiler in the remittance of KRW 2 million.

The phrase “ makes a false statement.”

However, even if the defendant receives money from the injured party, he did not have the intent or ability to replace the boiler of the injured party.

The Defendant received 2 million won from the injured party to the post office account (E) in the name of the Defendant, as the replacement cost of boiler in the same day.

Accordingly, the defendant was given property by deceiving the victim.

B. On December 22, 2016, the Defendant did not enter B the said victim at the same place as above.

In today's transfer of money, the boiler will be replaced.

The phrase “ makes a false statement.”

However, as above, the Defendant received 2 million won from the injured party and used it for the cost of living, and even if he received money again from the injured party, he did not have the intent or ability to replace the boiler of the injured party.

The Defendant received from the injured party a transfer of KRW 2 million to the one bank account (G) in the name of F used by the Defendant in the name of the same day as the replacement cost of boiler.

Accordingly, the defendant was given property by deceiving the victim.

2. On December 26, 2016, the criminal defendant against the victim H ought to replace the victim with the boiler for a long time at the victim H’s house located in Chungcheongnam-gun, Seocheon-gun, Chungcheongnam-do around 2016.

260,000 won is remitted to replace the main boiler.

The phrase “ makes a false statement.”

However, even if the defendant receives money from the injured party, he did not have the intent or ability to replace the boiler of the injured party.

The defendant uses 2.6 million won in the name of the defendant in the name of the victim in the same day as the replacement cost of boiler.

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