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(영문) 서울북부지방법원 2018.10.05 2018고단486
사기등
Text

A person shall be punished by imprisonment with prison labor for not less than three months and by imprisonment for not more than three months for a crime set forth in the judgment of the defendant.

Reasons

Punishment of the crime

On December 1, 2016, the Defendant was sentenced to imprisonment with prison labor for six months at Seoul Northern District Court, and the sentence was finalized on December 9, 2016.

The Defendant is the head of “D” operated by the victim C in Seocho-gu Seoul, Seocho-gu, Seoul from February 2016, who has been engaged in the field management, etc.

1. Fraud Defendant has a general construction license, and is engaged in the business with the victim by using the above license in the future. “The victim, who has no need to hold a comprehensive construction license, while the victim engaged in the Rotterdam business, has been in need of the above license, and reliance has been accumulated between the victim and the victim on multiple occasions.”

On November 28, 2016, the defendant is bound by fraud because he did not pay money to the owner in relation to the construction of the previous building to the owner in the above office.

At present, 25 million won can be exempted from detention to pay it as agreed amount.

The loan of KRW 25 million shall be repaid until December 30, 2017 by deducting a monthly amount from the monthly wage to be received while continuously working in D.

“.......”

However, the Defendant did not have a comprehensive construction license, and the agreed amount necessary in relation to the above case was limited to KRW 20,000,000, and there was no ability to repay the above amount with intent to continue to work in D or with separate funds until full repayment of the above amount was made.

As such, the Defendant, by deceiving the victim, received 25 million won from the victim to the account under the name of the Defendant on the same day, and acquired it by deceiving the victim.

2. Around August 2016, the Defendant received and kept KRW 1,375,00 from a trader of the “D” and delivered KRW 1,375,00 of the construction cost for the construction of the Seocho E Apartment apartmentland, and used it for one’s personal purpose without returning it to the victim C.

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