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(영문) 서울중앙지방법원 2021.01.15 2020고단5282
사기
Text

Defendant shall be punished by a fine of five million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The Defendant is a “C” business operator located in the wife population B in Gyeonggi-do.

On March 13, 2019, the Defendant sent a message to the victim D through the Kakakao Stockholm to the effect that “F office” was completed by March 17, 2019, the Defendant entered into a contract for construction work with the victim by transmitting a construction work agreement to the effect that “F office” located in Gangnam-gu Seoul E building will be completed by March 17, 2019.” On March 14, 2019, the Defendant sent the victim a message to the effect that “if the down payment is deposited in KRW 3 million, the construction work will proceed.”

However, the Defendant did not have the intention or ability to complete the interior works until March 17, 2019, even if the Defendant received the down payment of the interior works from the injured party.

Nevertheless, the Defendant: (a) by deceiving the victim and deceiving the victim on March 14, 2019; and (b) transferred KRW 3 million to G account in the name of the Defendant’s name as the contract deposit for the interior of interior works.

Summary of Evidence

1. Partial statement of the defendant;

1. The following circumstances revealed by the witness D’s legal statement contract, business registration certificate (C, H), quotation conversation statement, investigation report on financial transaction (Submission of DNA remittance statement, criminal suspect’s recent previous criminal record and judgment attached thereto) / (The defendant alleged to the effect that there was no criminal intent to commit deception and deception, but can be found by the evidence duly adopted and investigated by this court, i.e., the defendant entered into a tegical construction contract with the victim on March 17, 2019, and received KRW 3 million from the injured party on March 14, 2019. ② The defendant did not commence construction even after the injured party immediately prepared materials and notified the victim that the down payment was forwarded from the injured party and started construction within several days, and the injured party did not undertake construction work even after the completion date stipulated in the contract. ③ The injured party did not proceed as above.

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