(영문) 춘천지방법원 강릉지원 2013.10.23 2012고단771

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(영문) 춘천지방법원 강릉지원 2013.10.23 2012고단771

사기등

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A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

The Defendant is a person who was the site manager of a new building located in C (hereinafter referred to as “new building”) from December 2, 2010 to March 3.

1. Fraud;

A. On August 29, 2011, the Defendant: (a) made a false call to the victim D at the office at the construction site of new building sites; and (b) made a false statement to the effect that “In order to complete the construction of a building, the Defendant would pay the design cost to the building designer office, and thus transfer KRW 9 million to the owner of the building.” However, as the Defendant already demanded the owner E to pay the design cost and completed the design cost in the design office, the Defendant did not need to receive a separate transfer of the design cost from the victim; (c) even if receiving the money in the name of the design cost from the victim, the Defendant was planned to use the money for personal purposes, such as the payment of the card price, instead of using it. On September 27, 2011, the Defendant got the victim by deceiving the victim, and acquired the money from the victim on the same day. (b) On September 27, 2011, the Defendant did not request the victim to locate G restaurant operated by the victim to find the remainder of the building to be disposed of the remaining soil.

However, the fact that E has already paid expenses related to remaining soil treatment, so there was no need to pay the expenses for remaining soil treatment separately from the victim, and even if the victim received money from the victim, it was scheduled to use the money for personal purposes without using it for the purpose of soil treatment expenses.

As such, the defendant deceivings the victim, which is, i.e., 2 million won from the victim, and acquired it by fraud.

B. The Defendant against the victim E is the victim at an influence place on September 26, 201.

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