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(영문) 서울동부지방법원 2016.07.14 2014고단3874
사기
Text

Defendant

A Imprisonment with prison labor of one year and two months, and Defendant B shall be punished by imprisonment with prison labor of six months.

Defendant A, the applicant, and the defendant A.

Reasons

Punishment of the crime

Defendant A, “2014 Highest 3874,” is a construction huber, Defendant B is a self-employed.

1. Defendant A, at the Defendant’s office located in Seongdong-gu Seoul Metropolitan Government, around January 23, 2014, would allow the victim E (nive, 49 years of age) to operate a restaurant from March 2 to April 2014, where the total construction area of KRW 50 million is equivalent to KRW 20 billion at the G new construction site where the total construction area is 20 billion.

If it is impossible to operate a restaurant, the phrase “to immediately return KRW 50 million” was false.

However, the scale of the construction of the Newly constructed construction is 43 billion won, and it can take place after October 2014 even after the commencement date of construction works, so the victim did not have the intention or ability to allow the operation of the cafeteria since April 2014, and there was no intention or ability to immediately return 50 million won to the victim when the cafeteria is unable to operate the cafeteria.

The Defendant, as such, by deceiving the victim, received 50 million won as down payment related to the operation of the restaurant from the victim, in other words, from the victim.

Accordingly, the defendant was given property by deceiving the victim.

2. On December 28, 2013, Defendant B obtained the right to select the H removal construction company from the mutual influenite general restaurant, etc. located in the Sucheon-dong, Youngcheon-dong, Suwon-si. Defendant B, at its expense, to pay KRW 100 million including the principal and interest by February 28, 2014, when Defendant B borrowed KRW 30 million as the living cost of the children in a foreign country.

“A false statement” was made.

However, the defendant did not have the intent or ability to pay KRW 100 million including the principal and interest as agreed, even if he borrowed the above money.

As such, the Defendant deceivings the victim and deceivings the victim from the victim on the 29th day of the same month through the Saemaeul Treasury Account in the name of the Defendant, and KRW 30 million as the borrowed money.

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