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(영문) 서울중앙지방법원 2017.02.02 2015고단7932

사기등

Text

From among crimes Nos. 1, 2, and 3 in the judgment of the defendant, and crimes No. 4 in the judgment of the defendant, 1 to No. 24 in imprisonment with prison labor.

Reasons

Punishment of the crime

hereinafter, each consolidation case was cultivated in the order of time, not in the order of the case number.

[Criminal record] On February 21, 2013, the Defendant was sentenced to a suspended sentence of two years for criminal fraud at the Seoul Central District Court on August 21, 201, and the judgment became final and conclusive on June 27, 2013.

[1] Criminal facts 1. The defendant is the constructor of Leecheon-si DNA apartment.

From the end of December, 2011 to the beginning of January 2012, the Defendant would pay the victim E the construction cost for the construction site of the said apartment.

“.......”

However, the victim did not have the intention or ability to pay the construction cost even if the construction work was completed.

The Defendant, as such, by deceiving the victim, acquired the pecuniary benefits equivalent to KRW 33,035,00 in total by means of not paying the construction cost, even though the victim did work in the night amount equivalent to KRW 32,435,00,000 from January 2, 201 to April 5, 2012.

2. The Defendant is a constructor of Leecheon-si apartment complex 2016 Highest 2080.

On March 9, 2012, the Defendant would pay in cash the 88 million won including the value value added tax, to G, which is the business director of the victim in the instant apartment construction construction site and the victim in the business director of the Fund for the settlement of disputes.

“.......”

However, even if victims complete the rooftop structure construction, they did not have the intent or ability to pay the construction cost.

As such, the Defendant, by deceiving the victim, acquired pecuniary benefits equivalent to KRW 88 million by means of not paying the construction cost, even though the victim did construction on rooftop structures until June 20, 2012.

3. The Defendant is a contractor of Leecheon-si apartment complex 2016 Highest 2150.

On July 14, 2011, the Defendant: (a) around July 14, 201, between H and the construction site of the apartment building in question; and (b) between H and M.