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(영문) 인천지방법원 부천지원 2018.05.11 2017고합233

특정경제범죄가중처벌등에관한법률위반(사기)

Text

The defendant is innocent. The summary of this judgment shall be notified publicly.

Reasons

1. The summary of the facts charged is that the Defendant entered into a contract with the victim D who reported and contacted the Internet homepage of the building company called “C” operated by the Defendant at the time of December 31, 2015 to newly build a house on the ground of the Changwon Mapo-gu, Changwon, Changwon E (hereinafter “instant house”), and the victim is a consulting company specializing in construction as of the Republic of Korea, which is managed directly by the general public on the part of the owner.

When sending the construction cost, false statement was made to the effect that “The construction cost to be responsible for and completed by the construction of new housing in this case shall be transferred.”

However, from around 2011, the Defendant opened a similar building company such as F, “G,” and “C,” and continued to complete only part of the construction, and failed to complete the construction, and even around December 2015, the Defendant registered an individual entrepreneur with the trade name of “C” and opened a relevant Internet homepage without any capital, and did not proceed with a normal construction work. At that time, the Defendant did not have any intent or ability to complete the construction work of the instant house as promised to the victim, even if the Defendant received money from the injured party, because only the bonds against the people without any particular property or income amounting to at least KRW 20 million for the construction work of the instant house.

As above, the Defendant: (a) under the pretext of the construction cost for the new construction of the instant house from the victim who deceivings the victim as above; (b) KRW 49,50,000 in the national bank account (I) in the name of H (E) on the same day; (c) KRW 130,00,000 in the post office account in the name of the victim managed by the Defendant; and (d) KRW 148,50,000 in the name of the victim on May 24, 2016; and (e) KRW 123,750,00 in the name of the victim on July 123, 2016; and (e) KRW 50,000,000 in the name of the victim on September 21, 2016; and (e) KRW 30,000,000 in the name of the victim on the same day; and (e) KRW 50,016.05.