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(영문) 대전지방법원 천안지원 2018.11.19 2018고단682
사기
Text

A defendant shall be punished by imprisonment with prison labor for not less than three months for a crime of No. 1 and a crime of No. 2.

except that this judgment.

Reasons

Punishment of the crime

[criminal records] The Defendant was sentenced to the Jeonju District Court on December 2, 201 to a two-year imprisonment with prison labor for a crime of fraud on December 2, 201, and confirmed on December 10, 201. On July 17, 2015, the Defendant was sentenced to a two-month imprisonment with prison labor for a violation of the Act on the Registration of Real Estate under Actual Titleholder’s Name and for a violation of the Act on the Registration of Real Estate under Actual Titleholder’s Name, and on January 14, 2016.

The final date of the judgment was added ex officio as the omission by mistake and the infringement of the defendant's right to defense was not affected.

1. On July 201, 201, the Defendant: (a) around July 201, 201, paid KRW 55,00,000 to the victim C, who was a signboard installer, at the Seo-gu B-gu, Seo-gu, Chungcheongnam-gu, Seocheon-gu; (b) around July 201, the Defendant committed the crime.

“A false statement” was made.

However, the defendant had no intention or ability to pay the construction cost even if the injured party completes the signboard construction work, because he newly constructed the above telecom and bears a large amount of the construction cost.

As above, the Defendant: (a) by deceiving the victim; (b) had the victim install the said telephone; and (c) did not pay KRW 26,000,000 out of the construction cost; and (d) obtained pecuniary benefits equivalent to the same amount of money.

2. On June 2012, the Defendant would pay KRW 26,00,00,000 to the said victim C of the signboard construction work of the D Building at the Asan-si building around June 2012, the Defendant paid the said victim C at one time the signboard construction cost of the D Building at KRW 37,00,000,000.

The phrase “ makes a false statement.”

However, the defendant had no intention or ability to pay the construction cost even if the victim completes the signboard construction work, because he newly constructed the above telecom and bears a total of KRW 3 billion liability such as the obligation for the construction cost.

The defendant deceivings the victim as above, and caused the victim to install the above telescope, and fails to pay the construction cost.

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