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(영문) 서울중앙지방법원 2014.09.23 2012고단2748
사기
Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

On September 15, 2010, the Defendant was sentenced to a suspended sentence of two years for fraud at the Incheon District Court on September 15, 201, and the said judgment became final and conclusive on September 8, 201, and on September 22, 2011, the Seoul East District Court sentenced six months of imprisonment for a crime of fraud at the Seoul East District Court, which became final and conclusive on September 30, 201.

1. Around August 2007, the Defendant committed the crime of fraud against the victim E, at the G office operated by the victim E in Sung-gu, Sungnam-si, Seoul, that “The victim E, who had been a H director before the towing and had been in contact with the I senior executives, ordered the construction works for the L apartment 464 households that K performed in the Daejeon-gu, Daejeon-gu, to collectively order the construction works for the L apartment 464 households, and that the construction works for 25 million won will be subcontracted to 232 households, a half of which are the half of the costs of installing the pents.”

However, there is no particular relation with I and there is no intention or ability to subcontract apartment construction to the victim because it is less likely to receive apartment construction.

On August 24, 2007, the Defendant received KRW 25 million from the victim as the cost of installing pents, and acquired it by fraud.

2. Around August 23, 2010, the Defendant expressed the standard contract form for construction works concluded between the leather Construction Co., Ltd. and the KTW Construction Co., Ltd. at the O office located in Seocheon-si, Seocheon-gu N, Seocheon-si, and falsely concluded that “The Defendant would first follow the contract form for the removal works from the KTW Construction Co., Ltd., the ordering person, and ordered the removal works on the face of the advance payment of KRW 5 million.”

However, the defendant did not have the intention or ability to reduce the removal work to the victim because of the lack of remoteness of the removal work from the construction of the KTW.

The defendant received 1 million won as the advance payment from the victim immediately from the victim, and 4 million won as the same name on August 24, 2010, and acquired it by fraud.

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