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(영문) 대전지방법원 2016.05.18 2015고단4323 (1)

사기

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

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

On September 19, 2014, the Defendant would pay the cost of construction to the victim D after completion of the construction project of the apartment house in Jung-gu Daejeon-gu, Daejeon-gu.

“The purpose of “ was to make a false representation.”

However, in fact, the defendant was scheduled to secure other person's capital, such as bonds, and to proceed with the construction work without any particular funds, while performing the above construction work that requires the amount of KRW 3.5 billion at the time, so the victim did not have an intention or ability to pay the construction cost normally even if the construction

Nevertheless, the Defendant, as such, by deceiving the victim, had the victim carry out a construction work of cutting off the outer wall equivalent to KRW 48 million and did not pay the price, and had five victims carry out construction works equivalent to KRW 251,939,000, as stated in the list of crimes in the attached Table, but did not pay the price.

Summary of Evidence

1. Partial statement of the defendant;

1. Partial statement concerning the suspect interrogation protocol of the defendant by the prosecution;

1. Each police statement made to E, F, G, H, I, and J;

1. Each subcontract agreement, estimate, etc. and each investigation report (Submission of suspect data) [Defendant and defense counsel] was expected to pay the construction cost to the victims by receiving financial loans and sales price after the completion of the building, and these circumstances were also known to the victims, but there was a lot of construction cost than the originally expected construction cost and it was impossible to pay the construction cost on the wind that does not occur, and there was no criminal intent to acquire the construction cost by fraud.

The argument is asserted.

However, the following circumstances acknowledged by each of the above evidence, i.e., K Co., Ltd. (hereinafter “K”) operated by the Defendant, is a new house construction project (hereinafter “instant construction project”) with the holding that requires an amount of KRW 3.5 billion.