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(영문) 부산지방법원 동부지원 2019.06.12 2018고단1427
사기
Text

A person shall be punished by imprisonment with prison labor for three months and by imprisonment for three months with prison labor for a crime of No. 2 in the holding of the defendant.

Reasons

Punishment of the crime

[criminal power] On July 13, 2017, the Defendant was sentenced to a suspended sentence of 8 months for fraud at the Busan District Court, and the judgment became final and conclusive on July 21, 2017.

【Criminal Facts】

1. On January 25, 2016, the Defendant against the victim B is expected to pay 4.50,000 won working expenses per air conditioner per 1 air conditioner, where he/she installs air conditioner in the 94 unit system at the 94 unit of the apartment site at the site of macro-city C apartment at the site of macro-city C and the victim B.

“However, the Defendant did not have any special property at the time, and even if having received the construction cost from the customers, it was thought that it would be used as publicity expenses for the supply and demand of other construction works, and even if the victim did not have any intent and ability to pay working expenses. As above, the Defendant, by deceiving the victim as above from January 2016 through March 23, 2016, had the victim establish an air-conditioning agreement with the said apartment 94 households, and did not pay work expenses equivalent to KRW 42,30,000 to the said apartment house, thereby acquiring economic benefits equivalent to the said amount. 2. On November 22, 2017, the defrauded against the victim E, in G office operated by the Defendant in Suwon-gu, Busan, for the Defendant on November 22, 2017, the victim E would have been directly in charge of construction works until December 23, 2017.

The phrase “assumed.”

However, the Defendant did not have any special property at the time, and even if receiving the construction price from the victim, it is thought that it will be used as the construction price in another construction site, and there was no intention and ability to complete the cosmetic construction until December 23, 2017.

As above, the Defendant, by deceiving the victim as above, shall pay the construction price of KRW 10,00,000,000, around November 23, 2017, to the I Bank Account under the name of the Defendant who is the Defendant’s leakage from the victim; KRW 10,000,000 around November 27, 207; KRW 4,000,000 around December 12, 200 of the same year; and KRW 24,70,000,000 around December 22, 202 of the same year.

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