beta
(영문) 수원지방법원 성남지원 2017.03.24 2016고단2548

사기

Text

A defendant shall be punished by imprisonment for not less than one year and six months.

Reasons

Punishment of the crime

1. On January 29, 2014, the Defendant against the victim C is willing to leave the automobile maintenance plant with low construction cost from the victim C’s office located in Seongbuk-gu, Sungnam-si, Sungnam-si.

The construction cost shall be a total of KRW 1.15 billion, and the construction period shall be from May 1, 2014 to the same year.

8.31.Ceratures without molding

8. The construction should be completed by the 31th day was false to the purport that “The construction should be completed.”

However, as the Defendant was in charge of construction of several construction sites in Seoul, Gyeonggi-do, Ulsan, and Gunn, without any particular revenue or property plan, and without any plan for securing construction costs, it is difficult to think that the damaged construction cost should be used for construction cost in the above other construction site and the Defendant’s living cost, etc., and if a new construction contract is concluded later or a new construction cost is paid at the above other construction site, it would be required to be used for the pertinent construction cost. Therefore, even if the Defendant received the payment from the injured party of the construction cost, there was no intention or ability to complete the automobile maintenance plant from the victim until August 31, 2014.

The defendant deceivings the victim as such, and 100 million won as a down payment from the damaged person on the same day, and the same year.

5.2. 10 million won under the pretext of the commencement fee for the border works, 25 million won under the same name as that on the 13th day of the same month, and 25 million won under the same name as on the 14th day of the same month, and the same year.

6. 21. 21. 15 million won under the same name, and the same year.

7.1. Around January 1, 200 million won under the name of the first gold, and a total of KRW 725 billion, including KRW 300,000,000,000,000,000 on seven occasions, including around the 31st day of the same month as the second gold, was remitted to the Agricultural Cooperative under the name of E (F).

2. On April 23, 2014, the Defendant against the victim G calls at the victim G office located in the Seoul Special Metropolitan City Gwangjin-gu H around April 23, 2014, the Defendant would offer the victim with the “Wner’s housing cost of KRW 410 million.”

May 10, 2014, commencing construction works, and October 17, 2014.