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(영문) 수원지방법원 2017.08.11 2016고단7636
사기
Text

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

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

Reasons

Punishment of the crime

The Defendant of the 2016 High 7636, supra, did not have any intention or ability to complete the construction work as agreed because he/she did not have any 90,000 won of wage for his/her employees since 2004 due to the unpaid credit card payment due to the economic difficulties due to the lack of 90,000 won of wage for his/her employees due to the violation of the Labor Standards Act in the Jungyang Branch Branch of the Jung-gu District Court on April 10, 2015.

Nevertheless, on April 27, 2015, the Defendant entered into a construction contract with the purport that he/she will complete around June 30, 2015 by entering into a victim's house remodeling work at the house of Dongdaemun-gu Seoul Victim D (25 tax) around April 27, 2015, and at the construction cost of 41 million won between May 1, 2015 and two months from May 1, 2015, and completing around June 30, 2015. The Defendant received some remainder of KRW 10,000,000 won from the victim as the down payment on April 29, 2015 and April 30, 2015, under the pretext of paying KRW 5 million from the victim as the down payment.

Accordingly, the defendant deceivings the victim, thereby deceiving 31 million won.

On April 28, 2015, the Defendant made a false statement to the victim F’s house located in Dongdaemun-gu Seoul Metropolitan Government, stating that “The victim will undertake construction work to remodel the house on the face of the construction cost up to June 12, 2015” to the victim by the victim’s house in Dongdaemun-gu Seoul Metropolitan Government.

However, the Defendant did not have any intent or ability to complete the construction work as agreed, even if the Defendant agreed to undertake remodeling construction work and received construction costs, because the Defendant did not have any 900,000 won wage for workers in the bad credit standing since 2004 due to the unpaid credit card price due to economic difficulties, such as punishment for violation of the Labor Standards Act in the Jung-gu District Court High Court on April 10, 2015.

Nevertheless, there is a need to do so.

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