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(영문) 서울동부지방법원 2016.04.07 2014고단3334
사기
Text

A defendant shall be punished by imprisonment for one year.

Of the facts charged in the instant case, the number of crimes set forth in the [Attachment 829] No. 1.

Reasons

Punishment of the crime

The Defendant is a person who served as a representative director of G (hereinafter referred to as “G”) located in the F of the wife population in Young-si.

"2014 Highest 334"

1. Fraud against victim H;

A. On March 2014, the Defendant: (a) sent a phone call to the Victim H (67 Doh) who was in the middle of March 2014, and (b) paid the construction cost after completion of the construction work to the J in J in J in J in J in J in J in J in J in J in J in Jin-gun in Jincheon-gun.

“ makes a false statement.”

However, there was no intention or ability to pay in full the construction cost even if the injured party did not have any intention or ability to pay in full the construction cost, because it was prevented from returning the construction cost under the condition that the injured party bears a total of KRW 3.5 billion, such as the obligation to pay the construction cost equivalent to approximately KRW 2.5 billion to the transaction partner at the time, and the Defendant’s obligation to pay approximately KRW

The Defendant had the victim construct a tank, but did not pay 1760,000 won of the construction cost, thereby acquiring economic benefits equivalent to the same amount.

B. On April 23, 2014, the Defendant: (a) sent a phone call to the victim; and (b) paid the construction cost after the completion of construction works to the K located in Jincheon-gun, Jincheon-gun.

“ makes a false statement.”

However, even if the injured party did not have the intention or ability to pay the full amount of the construction cost.

The Defendant had the victim construct a tank, but did not pay 2090,000 won of the construction cost, thereby acquiring financial benefits equivalent to the same amount.

(c)

The defendant, around June 10, 2014, caused L to pay the construction cost after completion of the construction work, in order to have L to install a water tank in M located in the Gyeonggi Ethical city.

“ makes a false statement.”

However, even if the injured party performs the above construction work, it is intended to pay the whole construction cost.

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