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(영문) 서울남부지방법원 2014.02.19 2013고단3209
사기
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

1. Around 19:00 on February 9, 2013, the Defendant heard that “D” located in Seocho-gu Seoul Metropolitan Government C needs approximately KRW 1.5 billion in connection with the development project of the Switzerland-dong collective housing from the victim E, and the victim stated that “If the wife’s form of punishment is a capital with a multiple million won, 1.5 billion won may be loaned to the wife if her form of punishment is her degree of punishment.” In relation to the above self-financing, the Defendant stated that “The Defendant shall provide the Defendant with the wife’s form of punishment, and the Defendant may receive money from the victim through F and G with regard to the above self-financing.”

However, the punishment that the defendant had several hundred million won is the seal of the processing that the defendant raised for deceiving the victim, and the defendant was not aware of the victim who could lend 1.5 billion won of the above business fund to the victim. Since he was in a bad credit condition, he did not have the intent or ability to lend the above business fund to the defendant, and the defendant was a plan to use it for his own cost of living, entertainment expenses, etc. when he received money from the victim on the pretext of the expenses.

Nevertheless, on February 16, 2013, the Defendant received KRW 5,000,000 from the victim as entertainment expenses through the account of community credit cooperatives under the name of the Defendant on February 16, 2013.

Accordingly, the defendant was given property by deceiving the victim.

2. On February 21, 2013, the Defendant stated, “On February 21, 2013, the Defendant sent a phone call to G, that “The wife type was accompanied by Busan while carrying it in Busan and the cost should be borne. In order to provide money to the victim, the head of the legal affairs team, who is the head of the wife company, should attend the meeting, and thus, the entertainment expense is necessary.”

However, the facts were processed, and H was not the head of the legal affairs team of the applicable company, and the defendant was willing to lend the above funds, such as the statement in paragraph 1.

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