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(영문) 수원지방법원 2014.01.08 2013고단3083

사기등

Text

A defendant shall be punished by imprisonment for six months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. Around October 16, 2009, the Defendant purchased the land in Da from D when the land was commercialized.

On June 10, 2010, the Defendant: (a) contracted the construction of a new house on the land to E, which is the latter E, and the date of commencement; (b) November 30, 201; and (c) the construction cost shall be KRW 400 million; and (d) the Defendant agreed to receive a loan as security or pay a payment for the sale of the said land and housing within two months after completion.

However, around January 10, 201, E renounced the construction due to the lack of funds while performing the construction work, and the Defendant awarded a contract in sequence to F and the Bank of Korea to F and the Bank of Bankruptcy, but it was also the fact that the construction work will be suspended by giving up the construction work.

On August 16, 2011, the Defendant again requested the above E to assign the above construction work, and E introduced I, a representative of H, to the Defendant and agreed that the above I would perform the work completed and the work appurtenant to the said new construction work in the contract amount of KRW 220,000,000.

On September 23, 2011, the above I again proposed to the victim K, the representative of the Dispute Resolution Council, that "this site finishing construction work and appurtenant construction work shall be ordered to be KRW 200 million so far, and the construction work may be completed if more than KRW 90 million is invested, and the construction work may be completed in the future. As the fund is insufficient, the construction project equivalent to KRW 65 million out of the total construction cost is being performed, and the remainder shall be performed by the owner after the completion of the construction work, and the owner shall receive KRW 200 million from the owner and receive KRW 70 million,000,000,000,000 from the owner, and the owner shall receive the remainder of the construction cost and receive KRW 70,000,000 from the owner."

On September 26, 2011, the Defendant, while knowing the above points, performed together with E, I, and the victim’s “E, I, and the victim’s interior, external interior, external, and finishing appurtenant work,” and the Defendant paid construction cost.