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(영문) 제주지방법원 2018.07.18 2017고단1975

사기

Text

Defendant shall be punished by imprisonment for a term of one year and two months.

Reasons

Punishment of the crime

On May 19, 2016, the Defendant was sentenced to a suspended sentence of ten-year imprisonment with prison labor for fraud, etc. at the Seoul Southern District Court on October 201, and on February 16, 2017, the Jeju District Court sentenced to a suspended sentence of one-year imprisonment with prison labor for fraud, etc., and the above decisions became final and conclusive around that time.

The Defendant, from around 2014, performed a construction work before the construction site and subcontracted a part of the construction work within Jeju-do, was trying to establish B (State) on May 27, 2015, taking advantage of the construction work in Jeju-do, and to realize the construction work business. However, while the Defendant was in mind due to financial shortage, the Defendant was subject to introduction of the Victim C (P).

On September 15, 2015, the injured party purchased a square meter of 826 square meters prior to Jeju City D, the Defendant proposed to the injured party that “The land price of KRW 240,000,000 with the design cost and initial construction work fund is within the land price of KRW 240,000 with the land price of KRW 20,00,000 with the land price of KRW 240,000 with the land price of KRW 10,000,000 with the remainder of the inside, and

However, the Defendant merely thought that all of the remainder of the required funds other than the above construction funds provided by the injured party will be sold in advance and procured eight households scheduled to be constructed, but did not have any other ability to raise funds, and there was no response to the failure to sell in lots, as a situation in which it is anticipated that the funds will be secured in advance.

In the above No. 1 of the Defendant, the Defendant acquired KRW 240,000,00 in total from the victim who was discovered to be able to carry out the construction and sale business without any interruption of the business, to receive KRW 75,00,000 on September 21, 2015, and KRW 65,000,000 on October 10, 2015, and KRW 100,000 on October 30, 2015 from the account in the name of B (State), and acquired KRW 2,40,000,00 in total, by using the money and KRW 75,00,000 in sales advertising expenses, entertainment expenses, and employees’ benefits, etc., and by failing to pay the construction money, the subcontractor did not exercise the right of retention with the bonds of KRW 23,00,000,00 in total, and the land was sold in lots.