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(영문) 서울중앙지방법원 2020.04.08 2019고단2558

사기등

Text

Defendant shall be punished by a fine of KRW 5,000,000.

Where the above fine is not paid, 100,000 won shall be one day.

Reasons

Punishment of the crime

"2019 Highest 2558"

1. On November 25, 2018, the Defendant made a false statement to the victim that “The Defendant would install heating and cooling equipment at a lower level than other companies. In ordinary cases, the Defendant would give an estimate of KRW 13 million including up to the time it was added to installing four heating and cooling units for other companies, but would be installed at KRW 11.75 million including up to the time it was added to installing four heating and cooling units. In order to install them, the Defendant would purchase heating and cooling equipment, and would first pay the price of goods.”

However, the defendant thought that he would use the heating and cooling equipment that he received from the victim as living expenses, etc., and there was no intention or ability to install the heating and cooling equipment at a low price.

As such, on December 13, 2018, the Defendant, by deceiving the victim, was transferred KRW 5 million from the victim to the E bank account (F) managed by the Defendant on December 13, 2018.

Accordingly, the defendant, by deceiving the victim, received property from the victim.

"Offense of Fraud of 2019 Highest 4831"

2.(a)

On September 2018, the Defendant made a false statement to the effect that “I” restaurant located on the second floor of HA building in the early police officer, “I will install three air conditioners in the apartment in which the injured party is scheduled to move to, and take to, at 2.5 million won.”

However, even if the defendant received the Air-conditionings from the victim, he did not have any intention or ability to establish Air-conditionings because he thought to use them for living expenses, repayment of existing obligations, etc.

Around September 21, 2018, the Defendant, as such, received KRW 1,500,000 from the victim by deceiving the victim, and received KRW 2,500,000,00 from the victim to the corporate bank account in the name of J, and around December 7, 2018, KRW 1,500,000 in total on two occasions under the pretext of air-conditioning, such as receiving KRW 1,50,000 from the corporate bank account in the name of K.

B. The criminal defendant against the victim L is a police officer on November 2018.