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(영문) 서울동부지방법원 2020.06.25 2019고단3607
사기
Text

A defendant shall be punished by imprisonment for a term of one year and eight months.

Reasons

Punishment of the crime

【2019 order 3607】

1. On April 2017, the Defendant, at the “D” office of the victim C’s operation in Seoul Special Metropolitan City Gwangjin-gu (Seoul Special Metropolitan City Police Officer) that received the staff from the lower office of the Dismantling Corporation among the Dismantling Corporation’s Kimpo Corporation’s office, concluded that the MO would directly transfer the personnel expenses and the fee to the Defendant.

However, in January 2017, E company Kimpo Corporation was already unable to receive personnel expenses and fees from the contractor after the completion of the E company Kimpo Corporation. The Defendant planned to receive money from the victim to use them as personnel expenses, personal debt repayment, living expenses, etc., and the Defendant did not have any intent or ability to fully repay all of the money borrowed to the victim due to the absence of any particular property.

On May 2, 2017, the Defendant, by deceiving the victim as such, received KRW 5,531,00 from the victim’s account in the name of the Defendant’s wife to transfer KRW 5,531,00,00 from the victim’s account. From that time, the Defendant, from June 20, 2017, by deceiving the victims to advance payment of personnel expenses of the E Company Kimpo Corporation, G Company king Corporation, and H Company Corporation, and by deceiving the victims, acquired KRW 209,042,00 in total over 53 times, such as the statement in the list of crimes.

【2020 order 444】

2. The Defendant is a person who is in charge of dismantling work at the new construction site of Guro-gu Seoul Metropolitan Government I Apartment.

On September 15, 2017, the Defendant made a false statement to the victim K of the J Co., Ltd. at the office located in the above I Apartment Construction Site, stating that “Any human resources need to be paid for the decommissioning work at the above construction site. When the worker, etc. who is necessary for the shipbuilding work and dismantling work is supplied at the above site, the Defendant would pay the personnel expenses immediately after the completion of the decommissioning work.”

However, there is a delay in the labor cost of about 29 billion won in the D office of C operation because the business is difficult without any particular property at the time.

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