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(영문) 인천지방법원 2018.02.08 2017고단1522
사기등
Text

A person shall be punished by imprisonment with prison labor for one year, and imprisonment with prison labor for the crimes of No. 7 as stated in the judgment of the defendant, respectively.

Reasons

Punishment of the crime

[criminal records] On January 21, 2015, the Defendant was sentenced to eight months of imprisonment for fraud at the Incheon District Court, and the judgment was finalized on May 9, 2015.

"2017 Highest 1522"

1. On December 16, 2014, the Defendant said to the effect that, at the office of “D” located on the first floor of Gyeyang-gu Incheon Metropolitan City, the victim E was scheduled to purchase the second floor of the commercial building and operate the F Co., Ltd., Ltd., which was located on the first floor of the commercial building in Gyeyang-gu Incheon Metropolitan City, the Defendant said to the effect that the Defendant would change the deposit amount of KRW 50,000,000 to operate the said f Co., Ltd., Ltd.

However, in fact, the second floor above C commercial underground was a creditor of the building owner G, who applied for an auction on January 10, 2014 and decided to commence an auction on January 10, 2014. The female water cooperative applied for an auction and applied for an auction on August 5, 2014, and the auction procedure was in progress on August 5, 2014. The issue of whether the auction procedure is in progress was an important factor in determining the conclusion of the contract when entering into a store contract. However, the Defendant did not notify the victim of the above contents.

Ultimately, the Defendant, by deceiving the victim as above, received each payment of KRW 50 million in total from the victim, as one of the deposit money in relation to the above-mentioned gambling or the sugar rental contract from the victim, and acquired it through I’s veterinary cooperation account (J) on December 15, 2014, and around 27,500,000 won around the same month.

2. On February 17, 2015, the Defendant shall obtain the cost of replacing the water meter from the victim E within the above F F private house or office on or around February 17, 2015, “The current private house or water is currently used for general use, which shall be changed for business use, and the water meter shall also be replaced for business use.

It is necessary to lend the replacement cost of KRW 10 million to the third party.

“The purport was to the effect that “.....”

However, even if the defendant receives money from the injured party, he was thought to use it for personal debt repayment rather than expenses for replacing water measuring instruments.

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