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(영문) 대구지방법원 2020.01.14 2019고단5467

사기

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

Even if the Defendant received the interior work cost and the cost of electric extension work from the victim B, he thought that it will be used as the cost of purchasing cars, living expenses, etc., and therefore he did not have the intent or ability to properly perform the interior work, but he had the intention to deceiving the victim and defraud it by deceiving the victim.

1. On March 1, 2017, the Defendant concluded that “D operated by the victim in Daegu-gu, Daegu-gu, Seoul-gu, “E is operating and it is possible for the victim to directly take part in the work.” The Defendant had recently been engaged in similar construction work in old and American. It would be 10 million won higher than other companies.”

However, the Defendant did not have any intent or ability to perform the interior work even if he received the money from the victim for the foregoing reason.

Around March 17, 2017, the Defendant: (a) by deceiving the victim; (b) received from the victim, KRW 4.1.5 million in the name of G bank account (H) in the name of the Defendant’s G bank account in the name of F; (c) KRW 17 million in the name of intermediate payment from the above account on or around the 20th of the same month; and (d) received KRW 16.2 million in the name of intermediate payment from the said account on or around the 27th of the same month; and (c) received KRW 37.3

2. On April 4, 2017, the Defendant stated to the effect that “electric extension work and reporting can be carried out by Korean companies” to the victim.

However, the Defendant did not have any intent or ability to expand electricity even if he received money from the victim for the foregoing reason.

The Defendant, as above, by deceiving the victim, received KRW 2 million from the victim to the post office account in the I’s name.

3. On April 13, 2017, the Defendant told the victim to the effect that “Additional Construction, such as crowdfunding, installation of door-to-door, and installation of fire-fighting systems, is necessary.”

However, the defendant has received money from the victim for the above reasons.