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(영문) 전주지방법원 2019.02.19 2018고단2082

사기등

Text

Defendant shall be punished by imprisonment for not more than four months and by a fine not exceeding 3,00,000 won.

The defendant does not pay the above fine.

Reasons

Punishment of the crime

[Criminal Power] On November 16, 2018, the Defendant was sentenced to imprisonment for eight months with prison labor for fraud, etc. at the Jeonju District Court on November 24, 2018 and the said judgment became final and conclusive on November 24, 2018.

【Criminal Facts】

On February 23, 2018, the Defendant stated to the effect that “The Defendant would complete the interior of the apartment on the face of the week by paying the construction cost” to the victim E in DKafin located in Seojin-gu Seoul Special Metropolitan City, Seojin-gu, Seoul.

However, the Defendant did not pay the construction cost incurred at another construction site at the time, and was prosecuted as a crime of fraud and continued trial, and the construction cost received from the victim was intended to be used for other construction cost or living cost, and there was no intention or ability to complete the interior work even if it was paid the construction cost.

The Defendant, from the victim, to the G account in the name of F (H) in the name of F, KRW 3 million as the down payment on the same day, KRW 15 million as the down payment on the 26th of the same month, and the same year.

3. 13. A delivery was received as an intermediate payment of KRW 27.3 million in total;

Accordingly, the defendant was given property by deceiving the victim.

On March 2018, the Defendant called “The Defendant would pay KRW 8,680,00,000 to the victim I by phoneing the victim I from the first week of the first week of the Seocho-gu Seoul Special Metropolitan City on March 2, 2018.” The Defendant stated to the effect that “I will pay KRW 8,00,000,000 for the construction cost if the interior works for J apartment K and L are dismissed.”

However, in fact, the defendant failed to pay the construction cost incurred at another construction site at the time, and was prosecuted as a crime of fraud and continued to have been tried, and there was no intention or ability to pay the construction cost.

The Defendant did not pay the above construction cost even after the victim completed the foregoing interior work on March 10, 2018.

In this respect, the Defendant acquired pecuniary benefits by deceiving the victim.

The Defendant is the representative of the “N” in the Yansan-gu M, Jeonju-si.