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(영문) 서울북부지방법원 2017.06.28 2016고단5491

사기등

Text

A defendant shall be punished by imprisonment for not less than one year and six months.

The defendant shall take the total amount of money obtained by deceit and the value of stolen goods to the applicant.

Reasons

Punishment of the crime

[criminal records] On March 16, 2017, the Defendant was sentenced to a suspended sentence of two years for criminal fraud at the Seoul Northern District Court in August, 2017, and the above judgment became final and conclusive on the 24th of the same month.

[2016 Highest 5491] The Defendant does not have the intent or ability to complete the assembly-type house by May 30, 2016, even if he/she received the construction price from the victim D, the owner of the building, even if he/she was paid the construction price for the prefabricated-type house, the Defendant would complete the prefabricated-type house by May 30, 2016, if he/she paid KRW 45 million to the victim D for construction of the prefabricated-type house at the coffee shop where he/she is unable to know the trade name located in the building-type, Yongsan-gu Seoul Metropolitan Government, Seoul around February 8, 2016.

“Along on February 22, 2016, the member received 1.5 million won in total as construction cost from the injured party on or around February 22, 2016 and received 31 million won in the name of construction cost from May 20, 2016 until May 20, 2016.

[2017 Highest 466]

1. On September 11, 2015, the fraud defendant against the third party temporary company in Seoul Special Metropolitan City for the settlement of the victim's profits by failing to pay the rent, even if he did not have the intent or ability to pay the rent, on or after the lease of the temporary materials from the victim company, the defendant's office located in Gwangjin-gu Seoul Special Metropolitan City on September 11, 2015, and the victim company's employees "on the following day, he would lease the temporary materials to the F who is an employee of the Seoul Special Metropolitan City Gwangjin-gu Seoul Special Metropolitan City Seoul Special Metropolitan City Seoul Special Metropolitan City Special Metropolitan City Special Metropolitan City Special Metropolitan City Special Metropolitan City Special Metropolitan City Construction Project to do so."

2. The Defendant’s fraud against the victim H did not have the intent or ability to complete the construction of the elevator extension work until March 12, 2016, even if he/she received the payment from the person who suffered damage from the building owner, even though he/she did not have the intent or capacity to complete the construction work. However, the victim’s office located in Gangnam-gu Seoul Metropolitan Government I around February 2016, “Seoul Gangnam-gu.”