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(영문) 서울서부지방법원 2017.12.13 2017고단2464

사기

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is the representative director of the corporation E who has contracted the construction of the living facilities and the new construction of multi-family housing in Seodaemun-gu Seoul and D.

1. On July 29, 2016, the Defendant paid 50% of the construction cost per week out of 40,000,000 won to the victim F at the construction site of the foregoing new construction project, within 10 days from the date of entering into the contract, and paid 80% once a month according to the construction completion rate, and the remainder shall be paid within 30 days from the date of completion of the construction project.

1. As seen, the Plaintiff made a false statement to the effect that the Plaintiff was “.”

However, the defendant did not have the intention or ability to pay the construction cost properly due to financial difficulties, such as lending bonds due to the difficulties in the operation of the above E.

As such, the Defendant: (a) by deceiving the said victim; and (b) had the victim perform the said mechanical equipment installation work between around that time and August 31, 2016; and (c) obtained pecuniary benefits equivalent to KRW 40,000,000 for the construction cost.

2. On July 29, 2016, the Defendant paid 30% of the construction cost of KRW 16,100,000 on the face of the week by executing air-conditioning installation works to the victim G on the above site, within five days from the date the contract is concluded, and 20% will be paid after the completion of pipeline installation works, and the remainder of 30% will be paid after the completion of the construction.

The purpose of this article is to make a false statement.

However, the defendant did not have the intent or ability to pay the construction cost as above.

As such, the Defendant, by deceiving the said victim, caused the victim to perform the pipeline installation work between around that time and September 25, 2016, thereby acquiring the pecuniary benefits equivalent to KRW 6,530,000 for the construction cost.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the interrogation of the accused by the prosecution;

1. Each police statement made to F, G, and H;

1. The investigation report (with regard to I.