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(영문) 인천지방법원 부천지원 2017.03.16 2017고단253
사기
Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

[2017 Highest 253] The Defendant was a person who was the director of the Drchitectural Design Engineer Office in Gangnam-gu Seoul Metropolitan Government 1415.

On February 7, 2013, the Defendant made a false statement to the victim Y that “Around February 22, 2013, the Defendant changed the 15 million won as the price for the construction of clothing interior interior interior design until February 22, 2013.”

However, the above "D Architectural Design Agent Office" had already been closed, and the defendant had no intention or ability to complete the construction work as agreed even if he/she received the payment of the construction cost from the injured party due to the failure to pay personnel expenses at the construction site in excess of his/her obligation.

The Defendant, on February 7, 2013, received KRW 2 million from the injured party on or around February 8, 2013, KRW 3 million on or around February 8, 2013, KRW 3 million on or around February 13, 2013, KRW 1 million on or around February 16, 2013, KRW 2 million on or around February 20, 2013, and KRW 13 million on or around February 23, 2013, and acquired it by transfer to a new bank account under the name of the Defendant.

[2017 Highest 362] On November 5, 2012, the Defendant would handle all the affairs, such as design, construction permission, and commencement report, to the victim at the victim AA house located within the Yeongdeungpo-gu Seoul Metropolitan Government Seoul Metropolitan Government Z.

“A false representation was made.”

However, even if the defendant receives the design fee from the injured party, he did not have the intention or ability to perform the work of designing multi-family housing and building permission.

The defendant received 10 million won from the damaged person to the new bank account in the name of the defendant as the design price, and acquired it by fraud.

Summary of Evidence

[2017 Highest 253]

1. Statement by the defendant in court;

1. Statement made by the police against Y;

1. A complaint, copy of passbook, written application for work, written oath, etc., written estimate, written confirmation of transfer results, and detailed statement of transaction (2017 order 362);

1. Statement by the defendant in court;

1. Statement made by the police against AB;

1. A complaint;

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