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(영문) 서울동부지방법원 2016.05.25 2015고단2367
사기
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

Reasons

Punishment of the crime

1. On March 14, 2014, the Defendant entered into a construction contract with the victim C’s (i.e., one) E office located in Gangwon-si, Gangwon-si, with the construction period from April 1, 2014 to August 30, 2014 under the name of the representative of “G” located in Songpa-gu Seoul Metropolitan Government F, the Defendant: (a) completed the construction work with the metal and windows related to the process, such as Aluminum Sininum aluminium, Aluminum aluminium, Aluminum aluminium, Aluminium, Aluminium, Aluminium, Aluminium, Aluminium, and Aluminum steping, with the total amount of KRW 363,00,000,000 from March 17, 2014 to June 20, 2014; and (b) completed the construction contract with the amount of KRW 71,00,000,00.

However, from July 2, 2014 to September 22, 2014, the Defendant made a false statement to the effect that, despite having received construction payment from the injured party, the Defendant would no longer proceed with the said construction or have no intent or ability to normally complete the construction, the Defendant would complete the construction by purchasing, manufacturing, and completing the construction of the main material by making more deposit of the materials cost and labor cost, and the materials are currently stored in the manufacturing factory. As such, the Defendant may complete the construction upon paying the materials cost and labor cost.

As such, the Defendant, by deceiving the victim as such, received KRW 150,590,00 from the victim under the pretext of materials expenses on July 2, 2014, KRW 330,000,000 under the same name as around July 18, 2014, KRW 22,00,000 under the same name as around August 5, 2014, KRW 22,00,000 under the pretext of personnel expenses around September 5, 2014, KRW 1,00,000 under the same name as around September 20, 2014, KRW 4,50,000,000 in total, six times, including KRW 4.5 million around September 22, 2014, and KRW 33,09,000 from the said H bank account under the same name.

2. On July 31, 2014, the Defendant made a false statement to the victim K at the construction site of the Gangnam-gu Seoul Metropolitan Government L Building M, and to the victim K “on the last day of the following month if the victim K leases a vehicle for filing a complaint (one name “Scar”).”

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