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(영문) 대전지방법원 천안지원 2017.08.24 2017고단337

사기

Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

1. On March 15, 2013, the Defendant defraudeded the construction cost, stating that the victim D would pay the construction cost at the construction site of the brick building C in the following cities: “When the construction of building stones is completed, the victim D will pay the construction cost at the time the building stone construction is completed.”

However, the defendant did not have the intent or ability to pay the price normally even if the defendant had the victim construct stone at the construction site.

This is because the defendant requested the Changho Construction to E on December 2, 2012, but on February 2013, the above construction was suspended, and there was no economic ability to prepare the price for stone construction.

As above, the Defendant deceiving the victim, and caused the victim to do so, from March 15, 2013 to October 27, 2013, the Defendant did not pay KRW 54,340,407 for the construction cost even from March 15, 2013 to October 27, 2013, and did not acquire the same pecuniary benefits.

2. On May 3, 2013, the Defendant acquired the borrowed money by fraud, stating that “Around the construction site of the Dao-gu Seoul Special Metropolitan City (Seoul Special Metropolitan City), the victim D would have to pay the borrowed money together when the construction work entrusted to the party would be completed with the loan of the money due to the shortage of construction cost.”

However, the completion of the construction of the building for the building for the building for the building for the building was completed on April 20, 2013, and even if the Defendant requested the construction of the building for the building for the building for the building for the building for the building for the building for the building for the building for the building for the building for the building for the building for the building for the building for the building for the building for the building for the building for the building for the building for the building for the building for the building for the building for the building for the building for the building for the building

The defendant deceivings the victim as above and received 10,000,000 won from the bank account (Account Number: F) prior to the same day under the name of the defendant from the victim, as well as the construction cost, etc. over six times from May 3, 2013 to December 16 of the same year.