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(영문) 서울중앙지방법원 2014.12.17 2014고단1307

사기

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On June 14, 2012, the Defendant was sentenced to ten months of imprisonment for fraud at the Seoul Central District Court, which became final and conclusive on August 30, 2012.

On September 2010, the Defendant called the victim C, a construction business operator, by phoneing the victim C, who was a construction business operator, to pay the construction cost if the Defendant would have cancelled the construction work for the “E” camera within G.

However, the Defendant did not have certain income at the time, while the Defendant did not have any property including real estate in the name of the Defendant, on the other hand, the Defendant did not have any intent or ability to pay the construction cost for the interior work as agreed in excess of the obligation, such as the obligation to return deposit amounting to KRW 150 million in relation to the contract on the sub-lease of sales stores in the department store, and the obligation of loans equivalent to approximately KRW 30 million in financial institutions.

Nevertheless, the Defendant, by deceiving the victim as above from November 201 to January 201, 201, had the victim proceed with the Human Rights Corporation, which requires an amount equivalent to KRW 38,300,000, and did not pay the construction cost, thereby acquiring pecuniary benefits equivalent to the said amount.

Summary of Evidence

1. The witness C’s partial statement (the date of the agreement between the defendant and the victim, the first agreed contract price and the period, etc. are continuously changed, and each victim’s statement concerning the specific circumstances submitted by the defendant is difficult to believe, in light of the victim’s e-mail, quotation, etc., and each victim’s statement, but the defendant had the victim conduct construction work without advance payment by allowing the victim to pay the cost of construction if he/she intends to do so. The whole statement of the victim is credibility since the whole statement of the victim is consistent with the defendant’s statement and objective circumstances even when the construction cost and the period increase thereafter, and continues to progress without suspending the above construction work)

1. A protocol of partial examination of the accused by prosecution;

1. The police of the defendant.