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(영문) 춘천지방법원 영월지원 2017.12.19 2017고단432

사기등

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

1. On April 2016, the Defendant is the representative of a construction business company called “E” and is a construction expert for the victim’s construction work in the victim D’s residence located in the victim D, who was a police officer in the first week.

As a result of the review of design drawings, the construction work may be fully completed until July 18, 2016, if the construction cost is KRW 122,3.6 million.

The contract will be made at cost level.

The phrase “ makes a false statement.”

However, the Defendant was only an individual constructor who is not related to the foregoing “E”, and did not properly examine the design drawings issued by the victimized person, such as not knowing the earthquake-proof design, etc., and even if he did not have any particular income at the time and received money from the injured person as the construction cost, he did not have the intent or ability to complete the construction until the promised date even if he did not receive the payment of the construction cost from the injured person, such as the prepaid amount and living expenses other than the construction cost.

Nevertheless, the defendant deceivings the victim as above and caused the damage to the victim at around 50 million won on the 14th day of the same month, and the same year.

5. 10,00,000 won around October 31, 200,000 around around 30,000 won for the same year.

6. Around 17.17. Around 3 million won, a total of KRW 113 million was remitted, such as the remittance of KRW 3 million to the Defendant’s agricultural bank account.

2. A defendant who violates the Framework Act on the Construction Industry is a person engaged in construction business;

Any person who desires to carry on construction business shall register the land with the Minister of Construction and Transportation.

Nevertheless, the defendant, without registering the land with the Minister of Construction and Transportation, from April 18, 2016 to the same year.

6. By December 23, 200, the construction business was carried out by the construction project of the F Housing Construction Project (a total of KRW 123.6 million for construction costs) in the original city.

Summary of Evidence

1. Partial statement of the defendant;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. A protocol concerning the examination of the police officer in G;

1. Each police statement made to D and H 1.