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(영문) 서울중앙지방법원 2019.01.17 2018고단7599

사기

Text

Defendant shall be punished by a fine of seven million won.

If the defendant does not pay the above fine, the amount of KRW 100,000 shall be paid.

Reasons

Punishment of the crime

On October 21, 2017, the Defendant made a false statement to the victim B (the age of 54) stating that “The victim B (the age of 54) would have ordered the removal of the construction site in the construction site C, D, and E to take charge of the removal of the construction site at the Government City C, D, and E,” respectively.

However, the defendant did not have any authority over the above removal works, and even if he received money from the victim, he did not have the intention or ability to receive the removal works.

The Defendant was transferred from the victim to the new bank account (Account Number: F) in the name of the Defendant, the sum of KRW 5 million, including KRW 1 million on October 21, 2017, and KRW 4 million on October 23, 2017, under the pretext of a commission for brokerage of removal works.

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

Around May 10, 2016, the Defendant concluded a contract for construction of a main complex to be executed on the land in Mancheon-gu, Namdong-gu, and made a false statement that “A contract for construction of a new complex was concluded with J, an employee of the victim I company of the G building H of the Goyang-gu, Yongsan-gu, Seoul Special Metropolitan City.” The Defendant made a false statement that “A contract for construction of a main complex to be executed on the land in Man-dong-gu, Seoul Special Metropolitan City was changed to KRW 20 million under the pretext of introduction of a subcontract for a civil construction work

However, in fact, the Defendant did not have any authority with respect to the above main complex construction work. Even if the Defendant had already subcontracted the same construction work to L around April 2016 and received KRW 6 million from the victim for the purpose of introduction, such as concluding a double contract with L, the Defendant did not have any intent or ability to subcontract the above main complex construction work.

Nevertheless, the Defendant made a false statement as above and received a total of KRW 10 million, including KRW 5 million around May 1, 2016 and KRW 5 million on the following day, from the victim’s bank account (M) in the name of the Defendant.

Summary of Evidence

1. Defendant's legal statement;

1. Application of each of the police statements laws and regulations on B, J, L, and N;

1. Article 347 (1) of the Criminal Act as to the facts constituting the crime;

1. Punishment;