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(영문) 춘천지방법원 영월지원 2014.01.03 2013고단344

사기

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

Around August 13, 2012, the Defendant drafted a construction contract, stating that “Around August 13, 2012, the Defendant would have completed the construction of interior interior interior interior interior interior interior interior interior interior interior interior interior interior 7 million won, and completed the construction by August 30, 2012.”

However, the fact was that the defendant was unable to pay personnel expenses when operating the "E company", and there was no intention or ability to complete the victim's interior interior interior interior interior interior interior interior construction in the total construction cost of KRW 7 million until August 30, 2012.

As such, the Defendant, by deceiving the victim, received KRW 4 million as the down payment on August 13, 201 from the victim, under the pretext of the down payment, KRW 2 million as the contract price on August 14, 201, and KRW 500,000 as the contract price on August 20, 201.

Accordingly, the defendant, by deceiving the victim, acquired a total of 6.5 million won.

"2013 Highest 542"

1. On December 5, 2011, the Defendant: (a) concluded a tegypt construction contract and agreed to receive KRW 14 million in advance, on a deposit basis, with the victim F and the construction cost to operate the tegyptian management office by leasing a store located in the tegyp site in Incheon-si, Incheon-si; (b) around December 5, 201, the Defendant leased the store located in the egyp site and agreed to receive KRW 30 million.

However, the defendant thought that he would use the money received from the victim for the repayment of the above debt, because he had a debt including construction material credit amount of KRW 30 million, and there was no intention or ability to do the above me to do so.

The Defendant received 14 million won from the victim as an advance payment.

Accordingly, the defendant was given property by deceiving the victim.

2. On December 16, 2011, the Defendant committed the crime committed on and around December 16, 2011, the Defendant borrowed from the victim’s store with an intention to perform the tegrative construction work, and if he borrowed from the victim’s store with an intention to pay the tegrative construction work, he/she shall repay the egrative construction to the victim within one week.