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(영문) 서울동부지방법원 2015.05.14 2014고단623
사기
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

1. The injured party D G is only the representative of the injured party D's child, and the "G" written indictment appears to be a clerical error.

Around December 27, 2010, the Defendant made a false statement in Gangnam-gu Seoul Metropolitan Government E that “The Defendant would pay KRW 20 million to the victim D, a representative director of FF, for a subcontract for civil and removal works.”

However, in fact, the defendant has no intention or ability to subcontract civil and removal works because the joint representative director embezzled the amount equivalent to ten billion won and does not normally proceed with the construction of the block.

As such, the Defendant, by deceiving the victim, received 20 million won from the victim in terms of the subcontract price for civil engineering and removal works on the same day.

2. In light of the date on which the Defendant received money on October 201, 201, “Around October 26, 2011,” written indictment appears to be written in writing.

At the J Office of Gangnam-gu Seoul, the Defendant located in Gangnam-gu, the Defendant, stated that “The design contract for fake Corporation 80 billion won was the same as a paper, and would be repaid within one month if it was lent the operating expenses of the design office to be used in the party design, and if several persons are lent the expenses to be incurred in conducting a business trip in China, they will be repaid later.”

However, the fact is that the defendant did not pay the office rent or the employee's benefits due to the business depression of the design office operated by the defendant, and that the defendant was unable to pay the money acquired through deception as described in the preceding paragraph, and thus the defendant did not have the intention or ability to pay the money immediately even if he borrowed money from the victim.

The defendant deceivings the victim to do so.

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