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(영문) 인천지방법원 2018.11.08 2018고단2353
사기
Text

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

Reasons

Punishment of the crime

When the Defendant completed the construction of the second commercial building (hereinafter referred to as the “instant building”) near the ground of Gyeyang-gu Incheon Metropolitan City by the victim B Co., Ltd. (hereinafter referred to as the “victim B”) as a broker for the construction of the second commercial building (hereinafter referred to as the “instant building”), the Defendant would operate the “D cafeteria” restaurant from the said building.

On August 2012, at the construction site of the building in question, the Defendant: “In order to perform funeral services, the first floor warehouse is narrow; the second floor is changed to create an office as much as the size of the first floor warehouse;” “If construction is conducted at once after approximately one week, the Defendant shall settle the accounts at once for the last construction.” On October 2012, the Defendant requested the Victim F, who is an electrical business operator, to install electric wires, etc. at the construction site in question, and settle additional costs.

The term "" refers to the following.

However, the defendant did not have the intention or ability to pay the construction cost even if the victims had the additional construction work.

As such, the Defendant, by deceiving the victims, had the victim company undergo additional construction work equivalent to KRW 39,960,90 from September 2012 to December 2012, 2012, and had F obtain a total of KRW 55,380,90,000 from October 2012 to December 2012.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of the witness E, G, H, F, I, and J;

1. Some statements made to the defendant in the protocol of interrogation of the suspect by the prosecution (including the parts of each statement made by the E, F, and H);

1. Some statements made to the accused in each police suspect interrogation protocol (including parts made by the E, F, and K respectively);

1. Each police statement made to H, F, E, and I;

1. A H statement;

1. A complaint, a letter of confirmation, and each written judgment;

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