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(영문) 서울서부지방법원 2020.11.04 2020고단2928
사기
Text

A defendant shall be punished by imprisonment for six months.

except that 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

On November 14, 2019, the Defendant was sentenced to one year and six months of imprisonment for fraud at the Seoul Western District Court, and the judgment became final and conclusive on February 13, 2020.

On September 7, 2017, the Defendant, as the representative of the Company B, lent money to the Victim C, a constructor at a coffee shop located in B, Seoul, B, to reduce the subcontracting work for the construction of a new sub-subcontract D and E (hereinafter “instant land”). In other words, the Defendant drafted a contract for the “urban-type Multi-Family Housing Construction Project,” the contractor of which the victim is the victim, at tin,.

However, on November 15, 2016, the Defendant entered into a sales contract for the instant land with F on the land owner F, and failed to prepare a balance on three occasions, and filed a report on the commencement of construction work in the name of F on July 7, 2017. However, the Defendant received a certificate of “Notice of Termination of Contract from F on August 7, 2017” from F on July 24, 2017, and sent a written reply to the effect that he/she would consent to termination of the contract on August 28, 2017. As such, even if having borrowed money from the victim, the Defendant did not have any intent or ability to subcontract, borrow, or repay the new construction work in the instant land.

Nevertheless, as above, the Defendant, by deceiving the victim, received 6 million won from the victim to the Agricultural Cooperative (H) account in the name of the Defendant’s head on September 8, 2017, and acquired 18 million won in total on nine occasions as shown in the attached crime list, from that time until January 16, 2018.

Summary of Evidence

1. The police investigation report on the defendant's legal statement C (the confirmation of the fact, etc. of the land owner) shall be filed, respectively.

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