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(영문) 대전지방법원 논산지원 2017.09.08 2017고단66

사기

Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

1. "2017 Highest 66";

A. On September 11, 2016, the defrauded Defendant would pay construction expenses up to September 26, 2016 to the victim D at the site of a new house construction project located in Seosan-si on September 11, 2016, and to the victim D by “as he/she is responsible for a new house construction project, and the roof flag and construction of the house will be paid up to September 26, 2016.

“A false representation was made.”

However, at the time of fact, the Defendant owed approximately KRW 240 million to E and F, and paid approximately KRW 20 million as interest for each month, and thus, even if profits accrued from the construction, all of the above bonds should be paid as interest for the construction, so there was no intent or ability to pay the construction cost to the victim.

As such, the Defendant: (a) by deceiving the victim; (b) caused the victim to perform roof construction works in an amount equivalent to 10850,000 won at the construction site of the above C Housing on September 11, 2016; and (c) obtained pecuniary benefits equivalent to the same amount; (b) paid 4.85,000 won out of the total construction cost of 10850,000 won; and

B. B. On November 5, 2016, the defrauded would pay the victim a total of the cost of construction enclosed by November 15, 2016 at the Defendant’s office located in G at the time of debate on November 5, 2016.

“A false statement” was made.

However, at the time of fact, the Defendant owed approximately KRW 240 million to E and F, and paid approximately KRW 20 million as interest for each month, and thus, even if profits accrued from the construction, all of the above bonds should be paid as interest for the construction, so there was no intent or ability to pay the construction cost to the victim.

Around November 5, 2016, the Defendant, by deceiving the victim, had the victim take advantage of such deception, and had the victim take a roof construction work equivalent to KRW 14 million at the construction site of the building site of the same Dong-ri Housing around July, 2016, thereby acquiring pecuniary benefits equivalent to the same amount. The total construction cost of KRW 14 million is more than 14 million.