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(영문) 수원지방법원 2019.06.20 2018고단7558
사기
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

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

Reasons

Punishment of the crime

Around December 2013, the Defendant stated that “The Defendant would pay the price as if he completed the construction work,” to the victim D, who is a Dogropo-si, in a nearby the C Station located in Bupyeong-gu Incheon Metropolitan Government, Bupyeong-gu.”

However, while the Defendant did not have any special property, the Defendant did not pay the amount equivalent to KRW 60,000,000,000 for the obligation for construction payment, which is different from the financial right, so even if the Defendant performed the construction work, the Defendant did not have any intent or ability to

Nevertheless, the Defendant: (a) by deceiving the victim as above; (b) caused the victim to complete the construction work, and did not pay KRW 2,490,000 to the victim; and (c) acquired pecuniary benefits equivalent to the same amount.

around August 2016, the Defendant introduced the “K” operator, who is a test-based company, as the victim J was aware of the victim’s self-employed operation of the I household at a meeting of “GH” around August 2016.

1. On August 23, 2016, around August 23, 2016, the criminal defendant asked the victim of the Ildong-gu L apartment M to supply scambling in a phone by asking the victim, and on August 26, 2016, the criminal defendant made a false statement that he/she would supply scambling in a clean manner by delivering scam to the victim, who shows the victim's written estimates at the above place.

However, in fact, the Defendant did not establish K company, and there was no special property as well as KRW 4 million at the time, while the Defendant did not repay the amount equivalent to KRW 200 million to other human subjects, and thus, there was no intention or ability to pay the amount even if he was supplied to the household from the victim.

The Defendant, by deceiving the victim as such, did not pay the amount of money even after receiving the delivery of the sum of 1,380,000 won from the victim, such as the dice room room, etc.

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