beta
(영문) 서울북부지방법원 2018.10.24 2017고단1720

사기

Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

Reasons

Punishment of the crime

1. On February 18, 201, the defrauded of the construction cost of a building, the Defendant said that “The victim C shall pay KRW 15,392,00,000, which is 80% of the construction cost at the time of completion of the completion of a certificate of completion of construction in the military office and the fire station, and shall pay KRW 20% of the balance 3,848,00,00 after completion of construction, and shall separately pay the expenses incurred in the construction of telecommunications man-general, etc.”

However, the defendant did not have the intention or ability to pay the price even if he did not have any specific property at the time and does construction work for the victim.

The defendant deceivings the victim as above and caused the victim to do so from February 28, 2011 to the same year.

8. Until December 22, 22, it obtained pecuniary benefits equivalent to the amount of 22,490,000 won by allowing electrical construction, etc. and by failing to pay the price.

2. On June 201, 201, the Defendant acquired the Defendant’s residential construction cost, by fraud, at the place indicated in paragraph (1) of this Article, and the Defendant did not have the ability to pay the construction cost as above, and instead did not pay it to the victim with the payment of the construction cost stated in paragraph (1) as well as the construction cost stated in paragraph (1) at the time when the electrical construction and the next-hand electrical construction is completed, among the construction works for the second floor extension of the Seoul Jung-gu D House, which was not capable of paying the construction cost. The Defendant had the victim perform the construction work from the end of June 201 to the beginning of September 20, 201 of the same year, and acquired the same amount of pecuniary profit.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness E and C;

1. A contract for construction works;

1. A written statement of performance;

1. Written estimate or request;

1. A certificate of pre-service inspection;

1. Pursuant to the following circumstances acknowledged by each evidence duly adopted and investigated by this Court, namely, Gyeonggi-gun B land based on its ability to pay performance, prior to entering into a contract for construction with the victim. < Amended by Presidential Decree No. 22490, Nov. 1, 2010>