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(영문) 광주지방법원 2018.11.01 2017고정1772

사기

Text

Defendant shall be punished by a fine of KRW 5,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The defendant is a person in charge of new construction works (project owner D) and new construction works (project owner F) implemented by the building owner D) and E in South Y-gun C.

The Defendant, around December 28, 2016, at the construction site of the construction site of the construction site of the construction site of the construction site of the construction site of the construction site of the construction site of the construction site of the construction site of the construction site of the construction site of the construction site of the construction site of the construction site of the site of the construction site of the construction site of the site of the construction site of the site of the construction site of the site of the construction site of the construction site of

Around that time, G supplied a victim H with a remote area and a board at the site, and the floor is completed until construction, and the person responsible for construction (the name of the defendant) will settle the price.

“The delivery was made.”

However, the Defendant not only ordered the construction work to the expected amount, but also ordered the construction work to be paid by the enemy, such as either converting the paid construction work into “refusing” or consuming for personal use, etc., at different sites, and thereby completing the construction work at time and making it difficult for the owner to pay the remainder of the construction work from the owner. On the other hand, the instant construction-related obligation has reached an amount equivalent to KRW 80 million much more than the said remainder of the construction work, and therefore, even if the damaged person was supplied with remote areas, etc. or the victim completed the construction work on the floor, there was no intent or ability to pay the said amount at time.

Nevertheless, as above, the Defendant: (a) informed the victim of such deception from the victim on December 26, 2016 to January 17, 2017; (b) granted a total of KRW 4,435,00 in remote areas to be used at each of the above construction sites; and (c) ordered the victim to perform construction of the floor amount of KRW 3,604,00 in the construction site at the above E construction site on January 4, 2017.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of the witness H, D, and I;

1. A protocol concerning the interrogation of the suspect against the defendant (including the G's statement);

1. Each police statement made to H and G;

1. Written estimate;