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(영문) 서울동부지방법원 2018.01.25 2017고단2799
사기
Text

Defendant shall be punished by a fine of KRW 2,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

Around January 31, 2017, the Defendant concluded that “Around January 31, 2017, the Defendant would complete the interior interior interior interior interior interior interior interior of the party house with KRW 10 million until March 3, 2017,” with the victim D, within the Gangdong-gu Seoul Metropolitan Government Housing Section 202.

However, in fact, the Defendant did not operate exhibition centers, and the Defendant had a debt equivalent to KRW 75 million due to the overdue construction cost, wages, etc. at the time of concluding the interior contract with the victim, and even if he received the payment of the construction cost as above from the injured party, he did not have the intent or ability to use it in the above overdue construction cost, etc., and did not have the victim’s housing interior construction work.

Ultimately, the Defendant, by deceiving the victim as above, received KRW 4 million from the victim, as the down payment around January 31, 2017, KRW 1 million as the intermediate payment around February 16, 2017, KRW 4 million as the intermediate payment around February 22, 2017, and KRW 9 million as the intermediate payment around February 22, 2017.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Application of investigation reports (to telephone conversations with the President of the ECE);

1. Article 347 (1) of the Criminal Act applicable to the relevant criminal facts and Article 347 of the choice of punishment;

1. Articles 70 and 69 (2) of the Criminal Act to attract a workhouse;

1. It is so decided as per Disposition on the grounds of Article 334(1) or more of the Criminal Procedure Act.

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