창원지방법원 거창지원 2020.06.17 2020고단51



A defendant shall be punished by imprisonment for six months.


Punishment of the crime

On March 15, 2019, the Defendant entered into a construction contract with the victim B, with a total of KRW 60 million for the construction cost ( KRW 530 million for the actual construction cost, KRW 70 million for the defect repair deposit) on the land surface of the Gyeong-gun, Chungcheongnam-gun, Seoul, and approximately KRW 60 million for the construction cost.

Around July 10, 2019, the Defendant made a false statement to the effect that “The Defendant would first deposit KRW 50 million out of deposit money for the repair of defects with the payment of KRW 70 million, if it is short of the price for the repair of defects, the Defendant would complete the construction work to the extent of KRW 90 million, even if it had already been paid KRW 530,000,000 for the construction work amount up to nine times, and did not proceed with the construction work to the extent of KRW 90,000,000,000,000 for the repair of defects.”

However, the Defendant was thought to use approximately KRW 40 million out of the above 50 million out of the total amount of 50,000 won for the repayment of the existing debt, and the remaining approximately KRW 10,000,000 was thought to be used for the cost of living. Even if the Defendant received the said money from the victim, he did not have the intent or ability to complete the construction of the hanok by carrying out the additional construction with the said money.

Nevertheless, the defendant transferred 40 million won from the victim to the D account (Account Number: E) in the name of the defendant on the same day, and acquired 10 million won in cash and acquired it by fraud.

Summary of Evidence

1. Partial statement of the defendant;

1. Each police interrogation protocol against the accused;

1. The police statement concerning B;

1. A construction work contract, content certificate, details of the payment for the construction cost, loan certificate, and remittance statement;

1. The defendant alleged that he had no intention to commit the crime of defraudation by using most of the KRW 50 million to the Corporation, but the defendant stated that he had no intention to commit the crime of defraudation, 1.