beta
(영문) 제주지방법원 2018.10.29 2017고단883

사기

Text

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

Reasons

Punishment of the crime

On February 18, 2016, the Defendant was sentenced to a suspended sentence of one year of imprisonment for fraud at the Cheongju District Court, which became final and conclusive on the 26th of the same month.

1. The criminal defendant against the victim B stated in the facts charged on July 10, 2014 as “7.15.” However, according to B’s trading statement (the page 22 of the evidence record, the defendant corrected the facts charged on July 10, 2014 at his/her discretion.”

The facts charged are "at G hotel coffee shop located in Gangwon-gu, Gangnam-si, Gangwon-do," but on July 10, 200, there is no data to verify the place where the act of deception was conducted, and the facts charged are corrected ex officio to "in an influence place."

The victim B, who is a scrap metal business entity, made it false to the victim B, “The removal construction will be entrusted to the removal construction of the E Housing Redevelopment Development Project from the Yeongdeungpo-gu Seoul Metropolitan Government D Office for the reason that he/she would be entrusted with the removal construction of the E Housing Redevelopment Project, which would be 50 million won.”

However, the fact that the construction work for the redevelopment and improvement project at the time was not selected, and the project was not normally carried out. The defendant did not have the authority to conclude a contract for the removal project, and even if he received the above money from the head of the Cheongju branch office in charge of the dispute settlement, he thought to use it as another project fund, and did not have the intent or ability to contract the removal project as agreed with the victim.

As above, the Defendant: (a) by deceiving the victim on July 10, 2014; (b) received KRW 50,000,000 in total on four occasions, including KRW 13,00,000 on July 16, 2014; and (c) KRW 13,00,000 on July 20, 2014; and (b) KRW 7,00,000,000 on July 21, 2014.

2. Fraud against victim H;

A. On November 3, 2014, the Defendant entered into a contract with the victim H, a building owner, and the Plaintiff’s construction contract for the construction of L-site L-based L-based L-based L-based L-based L-based L-based L-based L-based L-based L-based L-based L-based L-based L-based L-based L-based L-based L-based L-based L-based L-based L-based L-based L