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(영문) 서울서부지방법원 2013.07.12 2011고단2182

사기

Text

Defendant shall be punished by a fine of KRW 4,000,000.

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

Reasons

Punishment of the crime

On May 3, 2011, the Defendant was sentenced to a suspended sentence of 8 months of imprisonment for fraud at the Seoul Western District Court on September 16, 201, and the judgment became final and conclusive on September 201.

The Defendant operates the interior and small electric power resource remodeling business with the trade name of “C”.

1. On August 20, 2009, the Defendant against the victim D, at the Defendant’s “C” office located in Mapo-gu Seoul Mapo-gu Seoul Mapo-gu, and at the victim D, the Corporation may immediately enter from September 25, 2009 to the Corporation from September 25, 2009, when constructing 4 Dong (84 households) of the G building on one parcel other than the Ha-gun F, Ma-gun, Gangwon-do. The said Corporation received KRW 3,300,000 from the Defendant’s national bank account (the account number: H) and received KRW 10,000,000 from the Defendant’s national bank account (the Defendant’s national bank account number) on September 11, 2009.

However, the Defendant did not order the construction work regularly from I, who is the ordering person of the above construction work, but did not intend or have ability to prepare the above construction deposit and execute the construction work on or around December 6, 2008, under the condition that I will entrust the construction work (the construction work period: between December 20, 208 and April 30, 2009) with a total of KRW 100 million, including the first KRW 50,000,000,000,000,000,000,000 won.

Accordingly, the defendant deceivingd the victim D, thereby deceiving 10 million won from the victim.

2. On March 26, 2010, the Defendant against the victim J makes a false statement to the victim JJ’s “C office,” stating that “When the Republic of Korea was awarded a contract for the Korea Electric Housing Construction Corporation in Yangyang-gun, Gangwon-do and for the Gyeonggi-do House Construction Corporation (14 households), the said construction will be transferred to the Defendant’s above national bank account on the same day.” On the same day, the Defendant transferred KRW 1 million from the victim to the Defendant’s above national bank account on the same day.