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(영문) 수원지방법원 2018.05.18 2018고정553
사기
Text

Defendant shall be punished by a fine of three million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

In light of the records of this case, there is no obstacle to the defendant's exercise of his right to defense, and basic facts were appropriately revised and recognized within the same scope.

The defendant, who conducts indoor interior decoration business, such as housing, was awarded a contract to perform the construction works for remodeling the building from the owner of the building of the second floor in Gangwon-do.

1. On June 27, 2016, around 07:00, the Defendant agreed to the victim C at the construction site of the second floor housing remodeling site located in Gangwon-do Won-si, Gangwon-do, that “a request is made to construct a Doing construction and floor.”

However, the defendant did not have any intention or ability to pay the price even after being provided with service from the damaged person.

Nevertheless, the Defendant, as if he were to pay the construction cost, deceiving the victim and caused the victim to perform construction works on the roads from June 27, 2016 to June 29, 2016, thereby obtaining property benefits equivalent to KRW 5.7 million of the construction cost.

2. On July 6, 2016, the Defendant had telephone conversationsd with the victim C in Suwon-gu, Suwon-gu, Suwon-si, and had the victim urged the victim to pay the construction cost as stated in the above 1. Paragraph, the Defendant did not pay the construction cost to the Party for the reason that the owner did not pay the construction cost due to the building interior.

Since there is no oil value, the owner is not able to receive money, which means that the oil value is 100,000 won.

However, the fact was that the defendant had already received the test cost from the owner of the building mentioned in the above paragraph 1.

Nevertheless, the Defendant, as if he had not yet received the payment of the construction cost from the owner, deceiving the victim, and then, he received KRW 100,000 from the Defendant’s Nonghyup Bank account (Account Number: E) on July 6, 2016 from the victim, and acquired it by fraud.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. The police investigation report (F).

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