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(영문) 창원지방법원 밀양지원 2016.04.14 2015고단222

사기등

Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

"2015 Highest 222"

1. On May 26, 2014, the Defendant was operated by the Defendant on May 26, 2014, who was located in Busan coastal Zone C.

D In the design office, the victim B made a false statement that “I will pay the principal and interest to the victim B as if the contract for the establishment of smuggling was made.”

However, in fact, there was a collapse of stone axis at the nearby construction site at the time, and there was a need for additional construction cost of about 100 million won, and there was no intention or ability to repay money from the injured party even if he borrowed money from another construction contract.

The defendant deceivings the victim as above, and 5 million won was transferred from the victim to the Saemaul Treasury account in the name of the defendant on the same day.

2. On June 24, 2014, the Defendant against the victim E made a false statement to the victim E that “The Defendant would complete the construction work of electric source housing on the said site by September 30, 2014, i.e., the total construction cost of KRW 170,000,000,000,000,000.”

However, there was no intention or ability to complete the construction even if the injured party receives the construction payment from the injured party, as the construction cost was collapsed at the nearby construction site at the time and the additional construction cost was required to exceed KRW 100 million, and the construction cost should be appropriated from the injured party.

The defendant deceiving the victim as above and transferred 17 million won to a new bank account in the name of D on June 26, 2014 from the victim who is affiliated therewith as the down payment. The defendant was transferred to a new bank account in the name of D

7.2. Receipt of remittance of 26 million won as an advance payment for construction works to the account in question, and the same month;

3. It received 25 million won as the construction price from the above account and acquired 68 million won in total.

The defendant of "2015 Highest 309" is an employer who employs six full-time workers under the trade name of "D" and operates a building business.

An employer shall, when a worker dies or retires, do so.