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(영문) 서울남부지방법원 2018.06.08 2017고단5191
사기
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

Reasons

Punishment of the crime

[criminal records] On November 15, 2007, the Defendant was sentenced to ten months of imprisonment for fraud at the Seoul Southern District Court, and the execution of the sentence was terminated at the Seoul Southern District Court on April 13, 2008. On December 16, 2015, the Seoul Southern District Court sentenced one year of suspended execution to four months of imprisonment for fraud, and the above judgment became final and conclusive on December 24, 2015. On August 10, 2017, the Seoul Southern District Court sentenced one year and six months of imprisonment for fraud, etc. and became final and conclusive on November 18, 2017.

[2] Whether the Defendant, in Yangcheon-gu Seoul Metropolitan Government, was a person operating the interior company of 2017 Highest 5191, and the Defendant became aware of the victim E who had been removed in the vicinity of the above company office in around 2014, and he was d/sheed with the victim at this construction site, and he/she was he/she he/she he/she he/she stored in the victim’s friendship.

“A victim was believed to have performed a large number of activities related to the construction works” frequently.

1. From July 3, 2015 to July 8, 2015, the fraud Defendant told the victim that “on July 3, 2015, the victim would have the removal of the F apartment in Songpa-gu Seoul if 15 million won would be ordered, the size of the area is 20,000 square meters, and 20% would be paid in advance at KRW 93,000 per square.”

However, in fact, the Defendant did not have any authority to permit the victim to remove the F apartment reconstruction association because it did not have any fact that the Defendant entered into a business contract with the F apartment reconstruction association, so even if the victim received KRW 15 million from the injured party, the Defendant did not have the intent or ability to reduce the F apartment reconstruction construction.

As such, the Defendant, by deceiving the victim, received KRW 15 million in total from the victim’s wife G bank account (I) around July 4, 2015, and KRW 5 million around July 8, 2015, from the victim, to the Defendant’s wife G bank account (I).

2. On September 5, 2015, the Defendant was guilty of fraud from the victim E on September 5, 2015 at a Buddhist area in Seoul, not more than Seoul.

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