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(영문) 서울중앙지방법원 2012.12.14 2012고단6067
사기
Text

A defendant shall be punished by imprisonment for six 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. Around June 24, 201, the defrauded defraudeded KRW 20 million, the Defendant made a false statement to the victim C, stating, “I would transfer the removal work to B, if I would do so, it would be 30 million won because I would have ordered the removal work to B, because I would have ordered it to do so to do so.”

However, since the above E had another person perform the removal work, the defendant did not have the intention or ability to cause the victim to do the above work.

The Defendant received from the victim the sum of KRW 20,000,000,000 won cashier's checks for the purpose of construction presentation expenses, namely, from the victim.

Accordingly, the defendant deceivings the victim and punching KRW 20 million.

2. The Defendant was obligated to return KRW 20 million received from the victim in connection with the Ilsan D Construction, such as Paragraph 1.

Around January 10, 2012, the Defendant made a false statement to the effect that “The Defendant ordered the removal of the said money to Daegu I from the H of the G Stock Company,” to the victim on the 3rd floor of the Seocho-gu Seoul Metropolitan Government F building, which would bring about KRW 10 million to the victim. If the said construction is carried out, the Defendant would bring about a strict benefit.”

H said date, at the above time, at the victim’s place, “The Corporation commences the construction without molding at the end of February. If so, the Corporation will be held liable for civil and criminal liability. The Seoul Branch of the G Company would transfer to the Daegu Corporation, while the G Company received from J the Daegu Corporation, it would transfer to A the contract entered into with A.”

However, in fact, G corporation did not have ordered the above Daegu Corporation I to do so from J, and H did not have the authority to act for G corporation, and the removal work did not proceed due to the failure to pay moving expenses to residents, so the Defendant and H did not have the intent or ability to allow the victim to do the above work.

Nevertheless, H around January 10, 2012, in the name of G Co., Ltd.

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