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(영문) 서울중앙지방법원 2017.08.23 2015고단7039
사기등
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

The defendant shall be liable for compensation of KRW 30,000,000 to the applicant B.

Reasons

Punishment of the crime

"2015 Highest 7039"

1. From February 2013, the Defendant acquired the acquisition of the construction cost by deception, the household store was operated in Gangnam-gu Seoul Metropolitan Government D with “E”.

On February 2, 2015, the Defendant made a false statement to the effect that “The Defendant would pay the full amount of the construction cost on the face of the G apartment No. 202 Dong, 1901 by executing the floor, worship, lighting and lighting construction work on the G apartment No. 202 Dong, 1901.”

However, in fact, the Defendant did not have any special property on February 2015 and did not have a certain income due to the difficulties in the operation of the store, while the Defendant paid 41.5 million won per month to the office rent, personnel expenses, etc., and even if the Defendant received construction expenses from the owner of the building due to economic difficulties due to the lack of payment of KRW 30 million and KRW 12,429,490, national tax, etc., the Defendant did not have any intent or ability to pay the construction expenses to the victim even if he did so.

Nevertheless, even if the Defendant had the victim perform construction works on the floor, drawing, and lighting of the building, the Defendant paid only the construction cost of KRW 4,309,250,000,000,000 in total, and acquired pecuniary profits equivalent to the above amount, as well as the payment of the construction cost of KRW 11,679,250,00 in attached Table (1) in the same manner from February 5, 2015 to April 3, 2015, the Defendant had the victim perform construction works equivalent to KRW 79,00,000 in the same manner, and did not pay the construction cost of KRW 11,679,250,00 in the same manner.

In this respect, the Defendant acquired pecuniary benefits by deceiving the victim.

2. On December 30, 2014, the Defendant shall grant a delivery to the victim H by January 15, 2015, if he/she deposits the showes, books, and chairs in advance at the above furniture store.

The phrase “ makes a false statement.”

However, the defendant is identical to the above one.

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