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(영문) 서울중앙지방법원 2013.04.24 2013고정28
사기
Text

Defendant shall be punished by a fine of KRW 1,500,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

1. On October 1, 2008, the Defendant stated, by telephone, that “The victim B shall have a new apartment construction work on the Pyeongtaek-gun in the Pyeongtaek-gun in Gangwon-do, and shall give a subcontract for the landscaping work to the party for the project to be undertaken in the future.”

However, the defendant did not receive any construction work including the above new construction work, and even if he received money from the victim B, he did not have the intent or ability to subcontract the landscaping construction work to the victim B.

Nevertheless, the Defendant, by deceiving the victim B as above, received a total of KRW 3.8 million from the victim B, namely, remittance of KRW 400,000 from the victim B, from May 20, 201, and acquired it by fraud.

2. On May 4, 2010, the Defendant stated to the effect that “A victim C was ordered to install a newly built child-care center apartment building in Dongdaemun-gu Seoul Metropolitan Government, Yongsan-gu, Seoul, for the purpose of 45 million won,” and that “A person, who would have left the Hahhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhh hhhhhhhhhhhhhhhhhhhhhhhhhhhh

However, in fact, the defendant did not have a plan to receive orders for installation of new elevators for child-care centers.

As such, the defendant deceivings the victim C with 7 million won as the retainer money, and acquired it by fraud.

Summary of Evidence

1. Defendant's legal statement;

1. The application of the police's written statement statement No. B and C to the Act and subordinate statutes

1. Relevant Article 347 (1) of the Criminal Act concerning the facts constituting an offense and Article 347 (1) of the Criminal Act concerning the selection of punishment;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

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