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(영문) 인천지방법원부천지원 2020.10.07 2019고단4557

사기

Text

Defendants shall be punished by imprisonment with prison labor for four months.

However, as to the above Defendants for one year from the date the above judgment became final and conclusive.

Reasons

Punishment of the crime

Defendant

On June 2018, A and Defendant B engaged in a business with the trade name of “D” from the first floor of the C building in Gwangjin-gu, Seoul around June 2018. Defendant A and Defendant B decided to conduct a business registration under their own name, and Defendant B decided to conduct a business registration under their name.

According to the introduction of E, the Defendants: (a) the victim F is a representative director, and (b) the victim F is responsible for the construction work in the State (State)G; and (c) the Defendant A, around June 4, 2018, performed as if the victim F would promptly pay the construction cost after completing the construction work; (b) the Defendants entered into a verbal construction contract with the victim F and the construction cost of KRW 23 million; and (c) the Defendants had the victim from June 18, 2018 to the victim.

7. By the end of 17.17, the interior work was intended to be carried out.

However, in fact, Defendant A was living with money from Defendant B without any property, and Defendant B had no property at all and had been in arrears at the time, and was thought to pay the construction cost by receiving small-amount loans from the lending company, and there was no intention or ability to pay the construction cost normally from the beginning.

Nevertheless, the Defendants conspired to induce the victim, thereby allowing the victim to undergo the test work, thereby acquiring property gains equivalent to KRW 21,300,000,000 for the final revised construction cost.

Summary of Evidence

1. The Defendant’s written statement of the police with respect to F of each of the Defendants’ respective legal statements, H order of statement, written statements, written estimates, photographs of the design, work ledger, and written statement of payment for the construction cost, each mail, each mail, list of individual rehabilitation creditors, detailed statement of insurance premium payments, certificate of liability, investigation report (verification of the suspect A’s property status), investigation report (Attachment - Attachment of materials submitted by the complainant - Details of the transmission of D mail), details of the transmission of D mail, and application of the law governing the receipt of confirmation on D mail;

1. The Defendants: Article 347(1) and Article 347(1) of the Criminal Act.