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(영문) 서울중앙지방법원 2018.03.28 2017고단5158
사기
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[Criminal record] On August 20, 2013, the Defendant was sentenced to imprisonment for six months with prison labor for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Dangerous Driving) at the Seoul Southern District Court, and the judgment becomes final and conclusive on August 28, 2013.

[2] The Defendant operated C in the name of the wife from around 2004, but around around 2010, the Defendant had no intention or ability to pay the amount as originally agreed upon even if he did not pay the amount to the construction company for the part of the corporation, as it did not have any intention or ability to pay the amount, even if he did not pay it to the construction company, because the amount of business experience or expertise is small in size and it was not sufficiently secured due to lack of business experience or expertise.

1. Unpaid frauds against victims D;

A. On November 23, 2010, the Defendant, at the Defendant’s office located in Seocho-gu Seoul E building 603, awarded a contract to the victim D for construction of the building located in Gangnam-gu Seoul Metropolitan Government F from the owner of the building, and paid the construction cost in full within seven days after the completion of the external tin construction cost of KRW 35 million.

“A person who made a false representation and completed the construction in accordance with the agreement, but did not fully pay the remaining construction cost of KRW 15 million to the victim at the early stage of the construction except for KRW 20 million paid as material cost, etc. to the victim.

B. The Defendant, at the same place as before October 17, 2011, awarded a contract for remodeling construction of a building located in Gangnam-gu Seoul Metropolitan Government G to the owner of the building at the same place as before, and paid the full construction cost including the cost of the enclosed construction after the completion of the construction on the surface of the Jeju Metropolitan Government.

“A person who made a false statement and completed the construction in accordance with the agreement, but at the early stage of the construction, 11 million won paid to the victim as material costs, etc.

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