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(영문) 수원지방법원 평택지원 2013.05.21 2012고단1369
사기
Text

The defendant shall be punished by imprisonment with prison labor for 6 months and 4 years and 6 months for the remaining crimes in the holding.

Reasons

Punishment of the crime

On October 9, 2009, the Defendant was sentenced to six months of imprisonment and two years of suspended execution due to the charge of forging official documents at the Suwon District Court. On March 25, 2010, the judgment became final and conclusive on March 25, 2010, and on October 26, 2012, the Suwon District Court sentenced the Defendant to eight months of imprisonment and two years of suspended execution, and the judgment became final and conclusive on February 20, 2013.

[2012 Highest 1369]

1. On March 7, 2012, the Defendant concluded that “The right to win a contract for childcare facilities in the Yeongdeungpo-gu G apartment complex in Suwon-gu, Suwon-si, the Defendant falsely called “the right to win a contract for the said apartment facilities” to the victim F in the Enotarial service office located in Young-gu, Suwon-si, Suwon-si, the amount of KRW 40 million for rent of KRW 140 million for the said apartment nursery facilities.”

However, since the Defendant did not have the right to award the above nursery facilities, even if he received the above money from the victim, he did not have the intent or ability to rent the above nursery facilities to the victim.

Nevertheless, the Defendant deceiving the victim and issued four copies of a cashier's check amounting to KRW 10 million at the face value at the seat of the victim. On September 5, 2012, the Defendant obtained two copies of a cashier's check amounting to KRW 10 million at face value and acquired 60 million in total.

[2012 Highest 1415]

2. On June 27, 2012, the Defendant had operated a real estate consulting office with the trade name of “stock company H,” and on June 27, 2012, the Defendant told the victim K to the effect that “the Geumcheon-gu Seoul L’s office of “law firm J” is holding the right to bid for the childcare facilities in the Seoul L’s complex.” The Defendant drafted the “contract for Investment Request” with respect to the said apartment childcare facilities.

However, the defendant did not have any authority in relation to the above apartment nursery facilities.

The defendant deceivings the victim as such, and is immediately issued 30 million won by the victim as the down payment.

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