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(영문) 서울서부지방법원 2016.02.26 2013고단2822

사기등

Text

Defendant shall be punished by imprisonment for not less than two years and six months.

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

Reasons

Punishment of the crime

The Defendant, “2013 Highest 2822,” as a operator of G, is a person who subcontracted to the victim J after being awarded a contract from H for “the 14th floor repair work of Gyeonggi-si, Nowon-gu, Seoul Special Metropolitan City.”

On November 20, 2011, the Defendant made a false statement to the effect that “The Defendant would give 23,551,000 won to the victim when completing the construction of the G office located in Seongdong-gu Seoul Metropolitan Government I 4th floor in Gyeonggi-si.”

However, the defendant did not have the ability to pay the price even if the injured party completed the construction work, and even if he received the construction price from the above H, he did not intend to pay the price to the other material business operator.

After the defendant had the victim complete the above construction work, the defendant did not pay 23,551,00 won for the construction work.

In this respect, the Defendant acquired pecuniary benefits by deceiving the victim.

"2013 Highest 2870"

1. On May 7, 2012, the Defendant: (a) on May 7, 2012, the victim N in the M (ju) office operated by the Defendant in Seongdong-gu Seoul Metropolitan Government L, “In the process of constructing a multi-family house in the inside, the Defendant will give the cost of construction on the face of electrical construction.

The phrase “ makes a false statement.”

However, the Defendant had been running a new construction site from November 201 to several new construction sites. However, the Defendant had no intention or ability to pay the construction cost even if he/she had ordered the subcontractor to pay the construction cost, since the obligation was accumulated, such as the subcontractor’s J, etc. failed to pay the construction cost.

The Defendant, from around that time to August 5, 2012, has the victim paid the same amount as the construction cost of KRW 12,749,00,00.