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(영문) 서울북부지방법원 2018.06.15 2017고단4862
사기
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On February 2, 2017, the Defendant would pay the construction cost by April 20, 2017, from the F Office of the Defendant in Seongdong-gu, Seoul, to the victim D, by the date of completion of the construction of the interior interior interior interior interior interior interior interior interior interior interior in the net world.

“A false statement was made to the effect that it was “.”

However, the Defendant had a debt worth KRW 1.1 billion at the time of the Defendant’s transaction partner H and I, and was expected to have a maturity of KRW 2.3 billion from May 2017 to November 2017, but there was no extension of the loan period or repayment plan at all. The Defendant did not have an intent or ability to pay the loan even if the victim completes the interior work due to poor financial conditions, such as overdue payment of the payment to the employees of the said company.

The Defendant: (a) by deceiving the victim as above; (b) caused the victim to perform interior decoration works equivalent to KRW 46,90,000 from March 2, 2017 to March 2, 2017; and (c) did not pay the price to the victim; and (d) acquired pecuniary benefits equivalent to the said amount.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of the witness D;

1. Complaint;

1. Tax invoice;

1. An investigation report (A additional statement, J telephone conversations, A telephone conversation) [Defendant and defense counsel asserted that the Defendant entered into a contract for a construction project with the victim during the operation of the LAF and denied the criminal intent of deceptiveation by asserting that he/she would not repay the money to the victim due to the aggravation of his/her management. However, according to the evidence duly adopted and investigated by this court, the injured party filed a petition for bankruptcy since four months have not passed since the injured party entered into the construction, and the Defendant himself/herself was expected to have the maturity of the loan of approximately KRW 2.3 billion from May 2017 to November 2017, but did not have sufficient means to extend the loan period or repay, and the sales have continued at that time.

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