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(영문) 서울중앙지방법원 2013.09.27 2012고단6649
사기
Text

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

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

The defendant is a person who operates C Co., Ltd. and newly constructs a detached house located in Seocho-gu Seoul Metropolitan Government D.

The Defendant, around December 5, 201, at the F Office located in Seocho-gu Seoul, Seocho-gu Seoul Metropolitan Government E, stated that “B is constructing the Seocho-gu Seoul Metropolitan Government D detached Housing as the chairperson of Dong,” and that “If the Defendant supplies the products to install the main funeral hall 1 sets, five attached houses, 1 sets, 1 sets, and 1 sets of dice room at the above site, the Defendant immediately pays the down payment and the balance will be paid upon the completion of the installation of a household.”

However, at the time, the defendant had no intention or ability to pay the balance as agreed upon even after receiving the delivery of the above household.

Nevertheless, the Defendant supplied a household equivalent to KRW 23.2 million from the above victim, paid only 11 million down payment, and did not pay the remainder, thereby deceiving 12.2 million won.

Summary of Evidence

1. Partial statement of the defendant;

1. The Defendant at each legal statement of H and G alleged that the construction cost was increased compared to the initial estimate, the construction cost was not paid in part by the owner, and that it was not paid in part by the owner of another construction site, and that it was not an intention or ability to pay the price for the above household since he did not have any intent or ability to pay it from the beginning. However, according to the witness’s statement, even if the Defendant received all the construction cost at each time agreed by the owner H, the Defendant was suffering from financial difficulties, such as the suspension of construction due to the failure to pay the material price or the subcontract price to the material supplier and subcontractor, even if he received all the construction cost at each time agreed by the owner H, and it was recognized that the Defendant received the above furniture by stating that “the Defendant would pay all the remaining price at the same time as

(b).

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