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(영문) 서울중앙지방법원 2016.10.28 2016고단4448
사기
Text

A defendant shall be punished by imprisonment for four months.

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

Reasons

Punishment of the crime

1. On February 2, 2014, the defrauded Party against the Victim E said that “The Victim E is the president of the H immediately,” in the “G hotel” coffee shop located in Gangnam-gu Seoul, Gangnam-gu, Seoul, stating that “The Victim E will be registered as H’s collaborative company after the Plaintiff became the president in the face of KRW 2.5 million.”

However, since the defendant did not have been determined by the president, even if he received money from the victim, he did not have any intention or ability to allow I to register as H's collaborative company, or to reduce the distance.

The Defendant had the victim deliver KRW 20 million to J after two to three days, and received the above money from J at the restaurant located in Gangnam-gu Seoul, Gangnam-gu, Seoul, and received KRW 5 million from the victim from the victim at the G level, the following day.

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

2. On May 10, 2015, the criminal defendant against the victim L made a false statement that he/she would pay the construction cost at the time of completion of the construction when he/she had the victim M apartment 25 Dong 906, Gangnam-gu, Seoul.

However, in fact, the above apartment was not owned by the defendant, and a security of more than two billion won was established, and the tenant was not found for more than six months, and it was not able to pay the construction price with the security deposit, etc. at the time of completion of the construction, so even if the interior work is completed, there was no intention or ability to pay the construction price to the victim.

The Defendant was provided with human labor in an amount equivalent to KRW 24 million from May 11, 2015 to May 23, 2015 by the victim.

In this respect, the Defendant acquired pecuniary benefits by deceiving the victim.

Summary of Evidence

1. Partial statement of the defendant;

1. Witnesses and some legal statements in E;

1. Some statements concerning the police and the prosecutor's office concerning the accused;

1. L.W.

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