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(영문) 서울북부지방법원 2020.01.30 2019고단2034
사기
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A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

1. On November 16, 2009, the Defendant made a false statement to the effect that “A construction work in Mapo-gu Seoul is being done in Seoul, and would pay the cost if it is done after completing the glass construction work.”

However, in fact, the Defendant did not have any specific property at the time and had a large amount of obligation, and even if having received the construction price, the Defendant had to pay other obligations first, so the Defendant did not have any intent or ability to pay the construction price to the victim even

The Defendant had the victim carry out a glass construction work at the construction site around that time and did not pay KRW 753,00 for the price. From around that time to December 19, 201, the Defendant had the victim carry out a free construction work equivalent to KRW 41,756,000 in total over 15 times, such as the list of crimes committed in attached Table, and did not pay the price.

2. Around June 27, 2013, the Defendant paid KRW 4,00,000 for the commencement of construction works at the site of remodeling construction works for the general housing D in Yongsan-gu Seoul Metropolitan Government and for the victim E, that “The Defendant would pay the remainder of KRW 9,159,000 as at the end of the construction works, if the construction works, such as the outside string of the foregoing housing, are removed.”

However, the Defendant had no intention or ability to pay the agreed construction cost even if the victim completed the construction due to the lack of particular property, while carrying out the housing remodeling project at the time, which was executed more than the construction cost to be paid.

On July 2013, the Defendant: (a) had the victim engage in a construction work outside the house; and (b) did not pay the balance, thereby acquiring property profits equivalent to the same amount.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of E and B 1.

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