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(영문) 서울서부지방법원 2016.11.30 2015고단2703
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

On April 2, 2014, the Defendant, through G at the F coffee shop located in Mapo-gu Seoul, Mapo-gu, Seoul, donated 3 organizations free of charge the amount equivalent to KRW 1.30 billion (the Korea Military Welfare Association, the Korean War Veterans Association, and the Children Foundation) of approximately 10 years in Yellow-si, Kim Jong-si, and the said three organizations entrusted Ha with the sale of yellowdong and scrap iron to H in the form of a private contract. On April 10, 2014, the Defendant decided to sell 50% of the said organization to H in the form of HG. The said organization had 25% and 25% to H and D, and 100 billion to the effect that “The 1.5 billion won was shipped at the scene of Kim Jong-si, Kim Jong-si and 100 billion to the end of the same month,” and the Defendant continued to deposit 1.06 billion won after the actual inspection at the scene of the 10.15 billion Won.”

However, the above military unit did not have contributed to the above three organizations with a free will, and the defendant did not have entered into a sales consignment agreement with the above organization, so even if he received money from the victim as a down payment, he did not have any intention or ability to reduce the winter and scrap metal.

Nevertheless, at around 15:48 on April 2, 2014, the Defendant made the victim make a false statement to transfer KRW 80 million to the national bank account (Account L) in I under the name of contract deposit using smartphones from his own house located in Yongyang-si, Chungcheongnam-si, Nam-si, and G received KRW 80 million from I’s cashier’s checks from Ha on the first floor of H office in Songpa-gu, Songpa-gu, Seoul on the same day, and changed from Y to 80 million cashier’s checks from the national bank to 80,000 cashier’s checks, thereby allowing the Defendant to deliver them to the above office.

Accordingly, the defendant, by deceiving the victim, received the property and acquired it.

1. The Defendant, around March 17, 2014, entered into a contract with G-Support Cooperative.

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