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(영문) 서울북부지방법원 2017.11.22 2017고정1720
사기
Text

Defendant shall be punished by a fine of two million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

On October 13, 2016, the Defendant was sentenced to one year in Seoul Northern District Court (2016 High Court 3553) to be punished by imprisonment for fraud, and the judgment became final and conclusive on December 31, 2016.

On April 14, 2016, the Defendant requested the Defendant to remodel the victim's hanok house located in Seongbuk-gu Seoul Metropolitan Government to complete the project cost of KRW 7 million and the work process of the victim's hanok house at the Seongbuk-gu Seoul Seongbuk-gu Office for Real Estate Brokerage located in Seongbuk-gu Seoul on April 14, 2016, but the Defendant did not implement it within the limit of 10 days and filed a complaint against the Defendant for fraud. The above construction work during the investigation is responsible and completed until April 27, 201

“In doing so, the Corporation prepared a letter of conduct at the same place, and had the victim file a letter of revocation of the complaint of the instant case with the police station, and was subject to a disposition of non-guilty regarding the instant case.

As above, the defendant would complete work as above.

After that, the victim did not continue to perform the construction work on June 10, 2016, and sought another construction work again by finding out the real estate above C, which introduced the defendant on June 10, 2016, and that the defendant completed the construction work by June 25, 2016, and then, the defendant returned 6,500,000 won to the victim as a penalty for the failure to complete the construction work by the above deadline, and re-written a letter to the victim that he will return 6,50,000 won to the victim and be held liable for civil and criminal liability.

However, in order to escape from criminal punishment of a case accused by the injured party, the accused only adopted the end of the execution of the work and the letter, but did not have the intention or ability to conclude the actual work.

In order to conclude the construction work by deceiving the victim as above, the defendant requires additional construction costs, and the defendant obtained 1.5 million won from the victim on May 3, 2016 as additional construction cost and acquired it by deceit.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Complaint;

1. A copy of a bankbook remittance of money damaged by the Corporation, such as a behavior letter, letter, or passbook;

1. On-site photographs of construction suspension;

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