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(영문) 인천지방법원 2017.01.25 2016고단8442
사기
Text

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

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[criminal records] The Defendant was sentenced to ten months of imprisonment with prison labor and two years of suspended execution as a special assault by the Incheon District Court on October 15, 2015, and the judgment became final and conclusive on October 23, 2015 and is currently under suspended execution.

[Criminal facts]

1. On September 14, 2009, the Defendant made a false statement to the victim D at the scene of the removal of the C-style house located in Guro-gu Seoul Metropolitan Government, stating that “The Defendant would transfer any scrap metal collected while removing C in the process of removing it, and changed 30 million won under the pretext of contract deposit.”

However, since the defendant did not have the right to collect scrap metal, there was no intention or ability to transfer the right to collect scrap metal even if he receives money from the injured party.

Nevertheless, the defendant deceivings the victim as above and was given 30 million won as the down payment to the injured party.

Accordingly, the defendant acquired property by deceiving the victim.

2. On November 2, 2009, the Defendant made a false statement to the victim D on November 2, 2009, stating that “hing eight buildings at the new market in the south-gu Incheon Metropolitan City, Seoul, to remove and give scrap iron.”

However, since the defendant did not have the right to collect scrap metal, there was no intention or ability to transfer the right to collect scrap metal even if he receives money from the injured party.

Nevertheless, the defendant deceivings the victim as above, and thereby, the defendant 40 million won on the same day as the contract deposit for the sales of the scrap metal from the damaged person.

3. A person who has received a delivery of KRW 50 million in total;

Accordingly, the defendant acquired property by deceiving the victim.

3. On June 10, 2014, the Defendant concluded that “F” in Yeonsu-gu Incheon Metropolitan City E will take over the construction of “G at home (State) and want to receive the removal site of the power plant located in Seo-gu, Seo-gu, Incheon, Seo-gu, Seo-gu, Incheon, and that “The Defendant would take out scrap metal coming from the site of the power plant on the face of a loan of money due to insufficient funds.”

However, facts are the defendant's liabilities.

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