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(영문) 제주지방법원 2019.05.16 2018고단2483

사기

Text

Defendant shall be punished by a fine of KRW 15 million.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The Defendant newly built the housing in Jeju Island from January 11, 2017 to August 31, 2017.

1. On September 5, 2017, the Defendant made a false statement to the victim F’s house located in Seopo-si E on September 5, 2017, stating that “The mother of E-gu G would receive KRW 5 million as construction cost at the site where materials are needed to carry out the construction work, and materials are insufficient to live therein, and at the site where the construction work is being carried out at Jeju-si, 5 million should be paid at the construction cost.” If the Defendant borrowed KRW 40 million until October 15, 2017.”

However, at the time of Jeju, the Defendant was merely 1,238,00,000 won of the construction cost to be actually received from H, a building owner of the said house, which was newly constructed at the time of Jeju-si. Moreover, even though the remainder of the construction cost was fully recovered around November 13, 2017, the Defendant did not repay the remainder to the victim at all. At the time, the Defendant was a bad credit holder who did not reach approximately KRW 14,750,00,000, and from August 23, 2013 to October 30, 2017, the Defendant did not have any intent or ability to repay the remainder even if he borrowed money from the victim, such as being convicted of the construction cost due to unpaid or insufficient wages, etc. during the process of performing various construction works at Jeju-si from around August 23, 2013 to October 30, 2017.

Nevertheless, the defendant deceivings the victim as above and received 40 million won from the victim to the I Bank (Account Number:J) in the name of the defendant.

2. On September 12, 2017, the Defendant made a false statement to the victim F’s house located in Seopo-si E on September 12, 2017, stating that “The Defendant would purchase necessary materials at the construction site if he/she borrowed KRW 13 million as he/she urgently needs to buy necessary materials at the construction site, and he/she would pay back without a mold.”

However, the defendant, at the time of Jeju, newly constructed a house in D at the time, and the construction cost to be received from H, the owner of the above house, is KRW 480 million.