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(영문) 서울중앙지방법원 2018.12.20 2018고단1208
사기
Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

[criminal records] On December 14, 2017, the Defendant was sentenced to a suspended sentence of seven months of imprisonment for fraud at the Seoul Western District Court on July 2017, and the judgment became final and conclusive on December 22, 2017.

[Criminal facts] The Defendant is a person who operates D(E) on the second floor of the C Community Center located in Seocho-gu Seoul Metropolitan Government.

1. On August 2016, the Defendant, at the H office operated by the Victim G in Seoul, Jung-gu, Seoul, should complete the Defendant’s completion of the work within the nearest one week when the Defendant requested the Victim G to change the interior construction of the entire D office.

The construction cost shall be paid by 50% with women at the Switzerland site, and the remainder shall be paid after completion of the construction.

The phrase “the phrase was false.”

However, the defendant is in bad credit standing, and the above D has no business entity and there was no intention or ability to pay the construction cost due to no special income.

As above, the defendant deceiving the victim and had the victim complete the interior work of the above D office for the first week from August 2016, the defendant did not pay 56,219,400 won for the construction cost.

Accordingly, the defendant acquired property benefits equivalent to 56,219,400 won by deceiving the victim.

2. On December 21, 2016, the Defendant, at the second floor D office of the C Center located in Seocho-gu Seoul Metropolitan Government (Seoul Seocho-gu) around December 21, 2016, demanded the injured party to pay the interior construction cost, such as the foregoing paragraph 1, and the injured party made a false statement to the victim that “The injured party would pay the cost of the enclosed construction cost of KRW 2 million,000,000 as an electronic bill.

However, the defendant did not have an intention or ability to pay construction cost with an electronic bill even if he/she receives two million won from the damaged person as the fee for the electronic bill.

The Defendant was given KRW 2 million to the Defendant’s I bank account in the name of the Defendant as the fee for electronic bills on the same day from the victim.

Accordingly, the defendant was given property by deceiving the victim.

3.

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