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(영문) 서울동부지방법원 2018.08.23 2018고단1357

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

1. On September 27, 2017, the Defendant committed a crime on September 26, 2017, at the Defendant’s office located in Seongdong-gu Seoul on September 26, 2017, the victim C with “the total construction cost for apartment interior medicine” is KRW 26 million.

From October 10, 2017 to October 31, 2017, the construction will be completed. Accordingly, the first instance of the down payment would be changed to KRW 15.6 million.

However, even if the Defendant received the contract deposit from the injured party, he was planning to repay the wage and obligation incurred at another construction site or consume it with gambling funds, and the personal debt was over KRW 150 million, and there was no particular property, so there was no intention or ability to perform the contracted construction work from the injured party.

Nevertheless, on September 27, 2017, the defendant deceivings the victim as above, and acquired 15.6 million won through a DNA account (E) in the name of the defendant under the name of the victim as the contract deposit for construction in the interior of the victim's residence on September 27, 2017.

2. The Defendant committed the crime of October 16, 2016, in an irregular area where Seoul does not exceed the Seoul on October 13, 2017, “The Defendant was in charge of another large construction work,” and the Defendant will put the ney to the ney’s work more.

The phrase “an intermediate payment of KRW 5.2 million, which was to be paid in advance on October 20, 2017, was false.”

However, the Defendant did not have been awarded a contract for other construction than the instant construction, and even if the Defendant received an intermediate payment from the injured party in advance, he was planned to consume the intermediate payment with the gambling fund, and did not have the intent or ability to proceed with the contracted construction.

Nevertheless, on October 16, 2017, the defendant deceivings the victim as above, and acquired 5.2 million won from the D account (E) in the name of the defendant under the name of the part payments for the construction work by deceiving the victim and deceiving the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of the police statement protocol law to C

1. Relevant Article 347 of the Criminal Act and Article 347 (1) of the Criminal Act concerning criminal facts (the choice of imprisonment).