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(영문) 서울남부지방법원 2016.10.07 2016고단1305

사기

Text

A defendant shall be punished by imprisonment for two years.

Reasons

Punishment of the crime

The Defendant is a person who is engaged in interior business with the trade name "F" in subparagraph 13 of Gangseo-gu Seoul Metropolitan Government E building from around 2007 to 2015.

1. Around November 20, 2012, the Defendant entered into a remodeling contract with the victim G, a corporation I, operated by the victim G in Gyeonggi-si, Gyeonggi-do, with the payment of the construction cost, with the false statement as to the payment of the construction cost, and with the victim and the construction name, the name of the construction, the construction site, the construction site, the construction period, the “Seoul Gwangjin-gu J building B-503”, the construction period, “from November 22, 2012 to December 22, 2012”, and the “l million won” as the total construction cost.

However, the Defendant had been performing several construction works at the time, and had been willing to use or arbitrarily use the construction cost received from the victim at another construction site, so even if the payment of the construction cost is made by the victim, the Defendant did not have any intent or ability to implement the remodeling construction work

Ultimately, the Defendant, as above, by deceiving the victim as above, obtained the victim a total of KRW 35 million on November 20, 2012, KRW 4.1 million on December 7, 2012, KRW 16 million on December 27, 2012, KRW 17 million on December 27, 2012, KRW 30 million on January 9, 2013, KRW 17 million on February 28, 2013, KRW 20 million on March 25, 2013, KRW 7 million on May 20, 2013, KRW 30 million on May 3, 2013, KRW 200,000 on KRW 5 million on May 20, 2013, KRW 6.3 million on May 30, 2013, KRW 6.5 million on June 1, 2013, KRW 200.

2. Around October 8, 2013, the Defendant made a false statement to the victim K that “B is an expert in the crowdfunding center, which removes the residence of the Gyeonggi-gu L, and will complete the construction of the crowdfunding center building at the same place.”

However, even if the defendant receives the construction price from the victim, he did not have the intention or ability to damage the construction of the crowdfunding building.

In the end, it is eventually.