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(영문) 서울서부지방법원 2014.10.31 2014고단1768

사기

Text

A person shall be punished by imprisonment with prison labor for not less than six months for the crimes of No. 1 and No. 2 with prison labor for each two years for the crimes of No. 3 as decided.

Reasons

Punishment of the crime

On August 13, 2008, the Defendant was sentenced to a suspended sentence of ten months at the Seoul Central District Court for fraud, and was sentenced to a suspended sentence of two years on December 10 of the same year;

1. From the “R” located in Mapo-gu Seoul Metropolitan Government on October 12, 2009, the victim S made a false statement to the victim S that “I would give a subcontract for a reinforced concrete construction work among the multi-household construction works located in the Gaung-gu Seoul Metropolitan Government T. Therefore, first, construction of a temporary fence around the above construction site is changed.”

However, due to the continuous business failure at the time, the Defendant had no intention or ability to subcontract reinforced concrete construction works in the construction site, and had no ability to pay the above construction cost on time, even if the Defendant had the victim perform the construction work on the part of KRW 930 million, such as the Defendant’s personal debt of KRW 200 million, KRW 150 million, KRW 300 million, KRW 280 million, KRW 200 million, and KRW 280 million, KRW 300,000,000.

From October 15, 2009 to February 25, 2009, the Defendant had the victim construct a temporary fence equivalent to KRW 16,096,500 at the construction site of a newly constructed multi-household house located in Yeongdeungpo-gu T. and did not subcontract the construction work of the above construction site, and did not pay the construction cost of the temporary fence, and did not acquire property profits equivalent to the same amount.

2. On April 2010, the Defendant, at the victim W’s house located in Songpa-gu Seoul Metropolitan Government, Songpa-gu, Seoul, the Defendant: (a) performed three and 24 households of multi-household housing in Yong-si at present; (b) on the part of the victim, the Defendant borrowed KRW 200 million due to the lack of construction cost, offered a house owned by genting the house as a collateral and offered a guarantee in bond; and (c) paid a total of KRW 390,000,000,000 in money, and newly constructed the house.

The interest on 200 million won borrowed by bonds shall be paid in full, and the principal shall be paid in full.