beta
(영문) 서울북부지방법원 2015.02.10 2013고단2979

사기

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

From August 1, 2008 to August 26, 2008, the Defendant: (a) was a person who was requested by the occupants of the above C apartment in the office of “D” in the operation of the Defendant of Gangdong-gu Seoul apartment; and (b) was a person who was engaged in interior works by requesting the construction business from the occupants of the above C apartment; and (c) from September 1, 2008 to November 26, 2008, the Defendant made a false statement to the effect that, at the above office, the victim E would have paid the expenses incurred in the construction work at the time of completion of the construction work by requesting the construction work to the victim.

However, the Defendant had a duty to pay an amount equivalent to KRW 30,000 at the sales cost of a man-made company to the C Implementation Team by operating a man-made company without any particular capital. Since the construction contract was implemented at a price less than 1.5 to 2 times the construction cost is less than that of other man-made companies, the Defendant is able to fully pay the construction cost to the subordinate companies from the occupants of at least 30 households, so if the five-households are ordered to undertake construction work as above, the victim could not be paid the construction cost even if the substitute part is entrusted to the victim, and even if it could have been sufficiently predicted that the construction cost could not be paid, such circumstance was concealed to the victim.

As above, the Defendant: (a) by deceiving the victim; (b) caused the victim to do so from September 1, 2008 to November 26, 2008; (c) had the victim take construction work in an amount equivalent to KRW 52,222,00 with respect to the apartment of the said five households; and (d) paid only KRW 20,502,00 among them, and did not pay the remainder of KRW 31,720,000.

Summary of Evidence

1. Defendant's legal statement;

1. The police of E.