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Reasons
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(영문) 서울남부지방법원 2014.01.22 2013고단3006
사기
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A defendant shall be punished by imprisonment for not more than ten months.

Reasons

Punishment of the crime

On August 23, 2006, the Defendant entered into a contract with the victim F and the repair work cost of KRW 96 million (Additional Tax), and the construction period from August 28, 2006 to September 22, 2006, at the office of "Eweves" located in Seongbuk-gu, Seongbuk-gu, Seongbuk-gu, Seoul.

However, on August 1, 2006, the Defendant concluded a sales contract with G, which is the owner of the said New Holdings, with the purchase price of KRW 6 billion, and paid the purchase price by the later day. However, the Defendant did not pay KRW 6 billion to the above G by August 23, 2006, which entered into a contract with the victim for repair and construction work. At the time, the Defendant was merely liable for a debt of KRW 1.25 million in total and delinquent taxes, and there was no special property. The Defendant offered the said New Holdings as security and received a loan from the Sungnam-si branch of the NAFF, but as of August 23, 2006, the Defendant did not have any legal authority over the said New Holdings, and as of August 23, 2006, the Defendant did not normally promise to pay the construction price, even if it was not able to receive the Defendant’s uncertain loan as a result of appraisal on the value of the said New Holdings, and there was no intention or ability to receive the service from the victim.

The Defendant, by deceiving the victim as such, had the victim carry out the repair work from August 2006 to September 20, 2006, and did not pay the construction cost of KRW 96 million according to the progress of the construction work, thereby acquiring pecuniary benefits equivalent to that amount.

Summary of Evidence

1. Each legal statement of the witness F, H, I, and J;

1. Application of Acts and subordinate statutes on police statements made to F, H and I;

1. Grounds for conviction under Article 347 (1) of the Criminal Act and the grounds for sentencing against the crime;

1. Priority in the grounds of conviction;

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