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(영문) 인천지방법원 2015.06.03 2015고단1066
사기
Text

A defendant shall be punished by imprisonment for not more than ten months.

except that 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. The Defendant against the victim C was a person who operated D (hereinafter “D”) as a landscaping company, and became aware of the victim C through E by the employees of the said company.

On December 27, 2011, the Defendant: (a) at the D office located in Bupyeong-gu Incheon Metropolitan City, Bupyeong-gu, Incheon; (b) on December 27, 201, at the victim’s mother G, the Defendant asked the victim to question whether the land category of eight lots, such as the Plaintiff’s mother G, may be changed from the forest to the forest site; and (c) on June 30, 2012, the Defendant drafted an agency contract to the same purport.

However, in fact, the Defendant did not know about the change of land category, and did not know about the public official who could request it. Even if receiving the above money, it was thought that it was used to repay the price for the goods and personal debt to D’s customer, so there was no intention or ability to change the land category of the above forest land.

Nevertheless, the Defendant received KRW 35 million from the victim as entertainment expenses, i.e., the check, and KRW 15 million, around December 28, 201, and received KRW 50 million in total from the single bank account (I) in the name of the Defendant.

2. The Defendant came to know of the victim J in relation to the fraud by the victim J.

On March 8, 2013, the Defendant: “Around March 8, 2013, the Defendant had been employed by the National Intelligence Service; at the time, he/she is in charge of the duties of the company at the time and is in friendly with the GM treatment executives; L throughout March 30, 2013, the Defendant would be obliged to accept machinery and equipment construction works at the time of the establishment of the Cheongbu Institute Design Center and the extension of the creative engine plant.” In short, the Defendant made a false statement to the effect that “A request for KRW 20 million in terms of business expenses.”

However, it is true.

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