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(영문) 서울동부지방법원 2015.11.27 2015고정908
사기
Text

Defendant shall be punished by a fine of KRW 3,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

Part of the facts charged shall be revised and supplemented without going through amendments to indictment to the extent that it seems that there is no concern about substantial disadvantage to the defendant's defense right.

The Defendant is operating a human management company in Songpa-gu Seoul Metropolitan Government D (hereinafter referred to as “D”) with a mutual name.

1. On May 2014, the Defendant: (a) around the end of May 2014, at the office located in the third floor of Gangnam-gu Seoul Metropolitan E commercial building, around the end of May 2014, the Defendant: (b) from around March 2014, around the victim F, entrusted the victim F with the interior and exterior works of the building remodeling works of H (hereinafter “project owner”) located in Gangnam-gu Seoul Metropolitan Government; and (c) agreed to pay the construction cost by calculating the cost of construction as KRW 50,000 per square meter at the time when the other work ends.

When concluding a contract for the said remodeling works with the project owner, the Defendant agreed to complete the said remodeling works by June 20, 2014, and agreed to pay compensation for delay in the event of delay to the project owner. On May 29, 2014, the Defendant recovered the bearing wall which was removed without permission due to the fact that the Gangnam-gu Office received an order for correction due to unauthorized removal of the said construction site or extension of the rooftop part without permission, and re- removed the bearing wall that was restored with the permission for removal from the Gangnam-gu office, and the completion of the works. As such, the Defendant could not receive the construction cost properly from the project owner because it is difficult to comply with the construction date, and there was no property separately owned, and the victim did not have any intent or ability to pay the construction cost properly even if the construction

Nevertheless, the Defendant, from June 10, 2014 to August 14, 2014, ordered the victim to perform the interior and outside works of the building at the relevant remodeling construction site and did not pay the construction cost of KRW 15 million.

In this respect, the Defendant acquired pecuniary benefits by deceiving the victim.

2. On August 14, 2014, the accused of fraud on August 14, 2014.

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