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(영문) 서울중앙지방법원 2017.01.11 2016고단2935
사기
Text

A defendant shall be punished by imprisonment for not more than ten months.

Reasons

Punishment of the crime

1. On January 25, 2008, the Defendant entered into a contract with the victim D, within the office of Hancheon-gu Seoul Special Metropolitan City, Seocheon-gu, Seoul Special Metropolitan City, with the content that the victim will pay the above construction cost to the victim at KRW 70 million, and the Defendant would pay the above construction cost to the victim upon completion of the above interior work.

The Defendant and the victim agreed to perform the removal works in the above 301 and 302 of the commercial building immediately before commencing the above interior works, and upon completion of the above removal works, the Defendant paid the victim KRW 17 million with the cost of removal.

However, in fact, while the Defendant did not have any particular property to perform the above obligation, the Defendant borrowed money under the name of the Defendant’s operating expenses of E Co., Ltd. operated by the Defendant and bears a large amount of liability. Therefore, even if the injured party performs the interior and removal work according to the above agreement, the Defendant did not have any intent or ability to pay

The Defendant: (a) by deceiving the victim as above; (b) had the victim complete each of the above construction until the end of March 2008; and (c) did not pay a total of KRW 87 million, thereby acquiring pecuniary benefits equivalent to the above amount.

2. On January 1, 2008, the Defendant: (a) stated that “The Defendant would receive interest from the Defendant at the location, such as paragraph 1, at the time when the Defendant borrowed money, that “The Defendant would lend KRW 30 million to the Defendant for the shortage of corporate operating expenses.”

However, in fact, the Defendant did not have any property and had any intent or ability to pay the company operating expenses by borrowing the company operating expenses, etc. from others to bear a large amount of liability, so even if he borrowed money from the injured party.

The defendant deceivings the victim as above.

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