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(영문) 인천지방법원 2015.07.16 2014고단5942

사기등

Text

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

Reasons

Punishment of the crime

1. Around April 2012, the Defendant introduced a construction work for the C Model C Model C in Chungcheongnam-gu, Chungcheongnam-gu, Chungcheongnam-gu, Chungcheongnam-do, where the steel framed was interrupted after the completion of the steel framed to the victim B.

However, since the above construction project failed to settle the construction cost of KRW 50,000,000,000, such as construction cost for the existing construction project operator, and the existing construction project operator did not deliver the construction site, so in order to resume the construction project, it should be resolved by either paying it or succeeding to the obligation

Nevertheless, on April 25, 2012, the Defendant, without notifying the victim of the above model lower court, stated that “it is possible to resume construction without any condition and receive a normal construction cost from the client, without notifying the victim of the above situation, that “it is possible to permit the suspended model lower-down construction work, and construction cost is 2 billion won from the Hanyang Construction Business chain to support the two billion won.” On May 25, 2012, the Defendant sent phone to the victim on phone and sent the phone to the victim on May 2012, and thus, the Defendant said that “on the other hand, the victim will return the suspended model lower-down construction work at that time with the contract price.”

However, as seen above, the above site was in a situation where the former contractor’s obligation to pay KRW 50 million ought to be settled, and the Defendant was unable to solve this problem. Therefore, even if receiving money from the victim, it was intended to use it for personal purposes and did not intend to use it at the site.

Nevertheless, the Defendant’s false statement as above, and then, around May 15, 2012 from the victim, transferred KRW 10 million to the account in the name of H, his wife, and KRW 2 million to the account in the name of H on the 18th day of the same month, respectively, and the Defendant’s false statement that “if 6 million won exists, the Defendant sent to the victim again during the same month, that it may immediately start the construction.” The Defendant’s statement that “if 6 million won exists, the Defendant sent the same amount to the victim immediately before the 22th day of the same month from the victim.”