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(영문) 울산지방법원 2017.04.13 2016고단4038

사기등

Text

A defendant shall be punished by imprisonment for not more than ten months.

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

Reasons

Punishment of the crime

1. On March 3, 2015, the Defendant would be able to obtain profits from the sale of the 4 story building by purchasing the land for parking lot from the D real estate office operated by the Defendant in Ulsan-gu, Ulsan-gu, and the victim E and the victim F, who colored the site for parking lot at the D real estate office operated by the Defendant in Ulsan-gu, Seoul-gu. The Defendant purchased the land and its ground buildings in Ulsan-gu, Ulsan-gu, and removed the building.

In general, the construction cost seems to be required to an extent of 420 million won, and it was proposed that the construction work should be executed by asking for the construction business operator, and that the sale of the construction work should be adjusted to 10 million won under the pretext of brokerage commission and acceptance fee. The victims accepted it and purchased the above land and buildings around March 17, 2015.

On the other hand, on June 12, 2015, the Defendant requested construction business operators at the same place as above, and the construction cost is KRW 465 million.

If the construction cost is forwarded, the construction will proceed.

The phrase “ makes a false statement.”

그러나 사실 피고인은 당시 건축업체인 ( 주 )H 과 공사대금 4억 2,500만원으로 공사계약을 체결하였음에도 불구하고, 처음부터 이를 피해자들에게 고지하지 아니하고 위와 같이 약정된 중개 수수료 및 수고비 1,000만원 이외에 피해자들에게 고지한 공사대금 및 실제 공사대금의 차액을 가로챌 생각이었다.

The Defendant received from the victims on May 15, 2015 to September 16, 2015 KRW 440,9850,000,000 from the victims on five occasions as the payment for construction work, and received from the victims on five occasions the difference between KRW 449,9850,000 and KRW 425,000,000,000 from the actual payment for construction work.

2. The Defendant, as described in paragraph (1) from May 15, 2015 to September 16, 2015, received a total of KRW 425 million for the construction cost of the said room construction from the said victims and kept them for the construction work for the said room construction work.