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(영문) 의정부지방법원 고양지원 2017.05.19 2016고단2295
사기
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On November 27, 2015, the criminal defendant against the victim C sent a Kakao Stockholm message to the victim C to the effect that “If the design design of the arche design is sent to perform cosmetic construction work, the defendant will pay the price.”

A false statement was made.

However, in fact, the defendant did not comply with the completed work in the previous interior construction, and caused about 27 million won due to the deficit in paying the compensation for delay, etc., and caused difficulties in operating the business, so there was no intention or ability to pay the design price normally to the victim.

The defendant obtained the above design map of the interior works equivalent to KRW 1480,00 from the injured party and acquired it by fraud.

2. Around December 16, 2016, the victim E made a false statement to the effect that “The victim E will complete the cosmetic construction work by January 15, 2016, on the face of KRW 33 million for the total construction cost” to the victim E.

However, in fact, the defendant did not observe the completed work in the previous interior works and caused about 27 million won for delayed payment of prize money, and caused difficulties in operating the business, so even if he received the construction payment from the injured party, he did not have an intention or ability to normally carry out the cosmetic, which is the beauty room.

On December 17, 2015, the Defendant received the total of KRW 16.5 million from the damaged party to the bank account (Account Number: G), and KRW 6 million from the same account on January 5, 2016, respectively, and acquired KRW 22.5 million from the victim.

Summary of Evidence

【Fraud against Victim C】

1. Statement of the defendant in the third public trial records;

1. Statement made by the police against C;

1. Written estimate and design drawings (the fraud against victim E);

1. Entry of a defendant in part in the third public trial records;

1. Recording of each protocol of examination of witness E and H with respect to witness E;

1. Each protocol of examination of the witness as to the witness I and J;

1. The interior works contract;

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