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(영문) 인천지방법원 2014.05.29 2013고단2852
사기
Text

A defendant shall be punished by imprisonment for six months.

An application filed by an applicant for compensation shall be dismissed.

Reasons

Punishment of the crime

The Defendant is a person who is engaged in artificial fisheries in the trade name of “D”.

On September 4, 2012, the Defendant concluded a contract for te and the victim’s purchase at the instant coffee shop located in Suwon-si, Suwon-si, Suwon-si, for 215 dong 1003, Gangnam-gu, Seoul. The Defendant concluded a false contract for te and the victim’s purchase of F apartments 215 dong 1003, and “The Defendant will complete the tegrative construction up to the police officer during the middle of November 2012.”

However, the Defendant had the intent to receive the construction cost from the victim and use it in other works, and had no intent and ability to cause the damage to the victim due to serious management difficulties, such as that the outstanding amount reaches approximately KRW 20 million.

The Defendant, by deceiving the victim as above, was transferred from the victim to the national bank account in the name of G, which is a sum of KRW 5 million around the 8th day of the same month, KRW 10 million around the 14th day of the same month, and KRW 15 million around the 17th day of the same month, and was transferred to the national bank account in the name of G, the sum of KRW 30 million as the contract price.

The Defendant is a person who is engaged in artificial fishery in the name of “D”. The Defendant is a person who is engaged in artificial fishery.

On December 17, 2012, the Defendant concluded a contract with the victim C who purchased the above apartment in Seocho-gu Seoul Metropolitan Government H apartment 207 Dong 1804, the Defendant concluded a contract with the victim C to use the above apartment for the interior interior interior interior interior interior interior interior interior construction before moving into a zone for one month, and concluded a false contract with the victim stating that “The Defendant would have the interior interior interior interior interior interior interior interior interior construction and use it as a house for one month, the half value of which is KRW 10 million.”

However, even if the defendant received the payment from the victim, he did not have the intention or ability to execute apartment interior works as stipulated in the contract with the victim.

As above, the Defendant, as a matter of course, deceiving the victim and deceiving him/her as a matter of contract payment from the victim on or around December 24, 2012, KRW 3 million on or around December 31, 2012, KRW 3 million on or around December 31, 2012, and KRW 3 million on or around January 5, 2013, is the Defendant.

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