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(영문) 서울서부지방법원 2017.06.22 2015고단3263
사기
Text

A defendant shall be punished by imprisonment for two years.

Reasons

Punishment of the crime

The Defendant, “C,” under the trade name of “C,” 2015 Godan 3263, was engaged in the tesenal construction business.

person is a person.

On October 31, 2014, the Defendant concluded a construction contract with the victim “F” on the condition that “F,” where the victim E was in preparation for opening a business, the Defendant entered into a term “F contract with the victim for the construction cost of KRW 27.5 million, the construction period of KRW 10 million from November 11, 2014 to the same month, the down payment of KRW 10,000 ( October 31, 2014), the intermediate payment of KRW 10,000 ( November 12, 2014), and the remainder of KRW 7.5 million ( November 17, 2014).”

However, the defendant had no intention or ability to properly perform the construction work, even if he receives the construction cost from the injured party due to such reasons as the delayed payment of wages due to the shortage of funds, etc.

Nevertheless, the Defendant: (a) by deceiving the victim as if he had entered into a construction contract and normally performed construction work; and (b) received KRW 10 million as the down payment on October 31, 2014 from the victim; and (c) around November 12 of the same year, as the intermediate payment, KRW 10 million from the Defendant’s National Bank Account (G) as the intermediate payment.

The Defendant, “2016 Highest 745,” is a person who engages in tegrative construction business under the trade name of “I” by lending the name of the business entity from H.

On October 15, 2015, the Defendant urged the Victim L to “The Victim L to perform the interior works of the main office that the victimized person intends to open, until November 10, 2015, for construction cost of KRW 22 million.”

However, the defendant did not have any intent or ability to properly perform the construction work, even if he received the construction cost from the injured party, because the accumulated obligation, such as the payment of the construction cost, has reached KRW 00,000, and the wages of the workers have been delayed.

Nevertheless, the defendant deceivings the victim as if he were to perform construction work normally, and is to account (M) with I corporate bank account around October 16, 2015 from the victim.

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