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(영문) 대전지방법원 2013.07.18 2012고정2663

사기

Text

Defendant shall be punished by a fine of KRW 3,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

1. On January 201, 201, the Defendant: (a) on the second floor of the building located in the Daejeon Seodong-gu Daejeon Seodong-gu Daejeon, the Defendant: (b) installed 11 air-conditioners to open an E Hospital at all levels; and (c) ordered the victim D to pay KRW 24 million for the cost of construction on a day-to-day basis; (d) first, upon completion of the pipeline construction, the Defendant would pay KRW 12 million, a half of the cost of construction on a day-to-day basis within one week; and (e) the remainder of the cost of construction would be paid in cash before the delivery of air-conditions.”

However, the victim did not have the intention or ability to pay the construction cost even after the completion of the air-conditioning pipeline construction at the above place.

The Defendant, as such, by deceiving the victim and acquiring financial benefits equivalent to 12 million won, even though the victim completed the Air-conditioning Pipelines Corporation up to the 21st of the same month, he did not pay the construction cost despite the completion of the said Corporation.

2. On February 9, 2011, the Defendant urged the victim D to pay the above construction cost at a restaurant located in Jinjin-si, and concluded that “A loan is requested to the bank, and due to the loan process problems, the bank-related persons should pay the loan amount of KRW 5 million per week, and he/she will use the loan amount of KRW 5 million per week, and pay the loan amount of KRW 5 million as interest and pay the loan amount of KRW 500,000.”

However, in fact, the victim did not have any intention or ability to use the loan or to complete the loan even if the victim borrowed money.

As such, the Defendant, by deceiving the victim, received five million won from the victim to the new bank account of the Defendant on the 10th of the same month.

Summary of Evidence

1. The defendant's partial statement in the first protocol of trial;

1. A protocol concerning the suspect examination of some of the accused;

1. Legal statement of witness D;

1. Statement of the police statement concerning F;

1. Protocol of partial police statements concerning G;

1. The complaint and a written estimate attached thereto, a photograph of the construction site, and a certificate of deposit transaction;