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(영문) 춘천지방법원 2019.10.16 2019고단491

사기

Text

A defendant shall be punished by imprisonment for not less than two years and six months.

The defendant pays 4,720,000 won to C who is an applicant for compensation.

3.2

Reasons

Punishment of the crime

The Defendant is a person who actually operates a wooden house building office with a mutual name “F” in Gyeyang-gu E.

1. On May 12, 2018, the Defendant entered into a false statement that, around 11:40 on May 12, 2018, the Defendant would distribute the profits to the Defendant at KRW 50:50 if he/she invests money in B, the Defendant would have distributed the profits to the Defendant at KRW 50 if he/she invests in money.

However, in fact, the defendant had a debt equivalent to KRW 80 million at the time, and even if he/she received an investment from the victim due to lack of material costs, he/she did not have the intent or ability to appropriately distribute the profits even if he/she received an investment from the victim.

The Defendant, as above, by deceiving the victim, received 65 million won from the victim to the above F account in the I’s name.

2. On June 20, 2018, the Defendant: (a) concluded a contract with the victim J on June 20, 2018 to complete the necked housing 4 units on the land outside K-gun of Gangseo-gu, Suwon-gun, the name of the victim J and the victim; and (b) concluded a contract with the victim on December 31, 2018, stating that “The victim would first pay the down payment and intermediate payment to reduce the construction of a wooden house at low level compared with other companies; (c) if so, the four boxes of wooden construction will be completed by December 31, 2018, which is the agreed deadline.”

However, in fact, the Defendant is unable to pay 80 million won and to distribute profits from investment funds. From October 2018, since the outstanding amount increases, the Defendant entered into a construction work contract with the victim because it is economically difficult to pay more than 200 million won and the construction cost is paid by the victim.