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(영문) 대전지방법원 2020.11.06 2019고단1738
사기등
Text

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

Reasons

Punishment of the crime

On October 24, 2018, the Defendant: (a) on October 24, 2018, at the home of the victim of the Multi-household Housing C in Daejeon-gu Daejeon-gu, Daejeon-gu, the fact was under economic difficulties; (b) on October 26, 2018, the Defendant intended to use the said victim for the payment of expenses for educational institutes, living expenses, and other construction personnel, even if he/she entered into a contract with the said victim and the said multi-household; and (c) on October 26, 2018, even if he/she was transferred the money, he/she did not intend to install the household product properly; and (d) even if he/she did not have any intent or ability to install the household product properly under the contract, he/she was installed in the said multi-household 11 household, such as cooling, TV, and drum laundry, by deceiving the said victim to receive KRW 25 million from the said victim as the price for installation of the household product, and received KRW 30 million in total from the Defendant E bank account (F) around the same year.

Accordingly, the above defendant was ordered to receive property from the above victim by deceiving the victim.

On August 22, 2018, the Defendant, who is engaged in air-conditioning installation business, entered into a contract for the installation of goods with the said victim to install six thousand-type air-conditioners in the said office with the intent to install an air-conditioner at a low price, on the grounds that he/she would give an air-conditioner at a low price. As he/she will give an air-conditioner at a low price, he/she would pay an air-conditioner in advance. By August 30, 2018, he/she would give an air-conditioner at a low price.”

However, the Defendant received the payment from the above victim to pay it as personnel expenses in arrears with other construction sites. Since there was no money to purchase air conditioners installed in the above victim's office, there was no intention or ability to install air conditioners in accordance with the above contract.

After all, the defendant deceivings the above victim as above.

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