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(영문) 인천지방법원 2017.09.07 2016고단9134
사기
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On January 2016, the Defendant provided two floors of the Gyeyang-gu Incheon Metropolitan City D D D Building that had ceased construction due to the lack of funds during the construction of a refined restaurant, and the Defendant and B agreed to operate a refined restaurant after completing the finishing construction, but the Defendant was responsible for the construction cost of KRW 50,000,000 of the construction cost.

The Defendant, at around May 25, 2016, at an incorporated office located in the sixth floor of the Guro-gu Seoul Metropolitan Government E E building, paid the victim G the remainder of KRW 175 million for D’s construction of the second floor cafeteria cafeteria cafeteria cafeteria cafeteria cafeteria cafeteria cafeteria cafeteria Corresponding on June 9, 2016 without down payment, the construction cost is KRW 50 million for the first part payment on June 9, 2016, the second part payment of KRW 50 million on June 20, 2016, the third part payment of KRW 30 million on June 30, 2016, and the intermediate payment of KRW 25 million on July 20, 2016, and KRW 25 million on August 25, 2016, respectively.

The phrase “to pay in cash in full as of June 9, 2016,” without paying the down payment, the first intermediate payment of KRW 50 million was written to the effect that it would be paid in cash as of June 9, 2016, and that, at the Defendant’s office around June 2, 2016, “the date of payment of the first intermediate payment would be extended to June 15, 2016,” the phrase “the payment of KRW 50 million shall be made to the victim on June 15, 2016” was written to the effect that “the payment of KRW 50 million shall be made to the victim on June 15, 2016.”

However, there was no intention or ability to pay the first intermediate payment KRW 50 million on the agreed date even if the victim is engaged in the construction work because there was no particular property or income, and there was no way to procure or realize the first intermediate payment by borrowing it from others.

As such, the Defendant, by deceiving the victim, had the victim take part in the temporary construction work from May 30, 201 to June 18, 2016, and even if the Defendant had the victim take part in the construction work, 5,470,000 won of the construction cost.

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