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(영문) 대전지방법원 천안지원 2019.03.15 2018고단625

사기

Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

[Criminal Power] On June 28, 2018, the Defendant was sentenced to imprisonment with prison labor for three years and six months as a crime of robbery in the Daejeon District Court's Support, and the judgment became final and conclusive on November 6, 2018.

【Criminal Facts】

1. Under the premise, the Defendant is the head of the building site of “C Studio” (hereinafter “C Studio”) located in B 2, Seo-gu, Seo-gu, Seocheon-gu, Seocheon-gu. G is the owner of the building of the above Studio E, H is the owner of the building of the building of the above Studio E, H is the owner of the building of the Fudio Ddong, and the owner and the owner of the building of the building of the Fudio and G.

From May 2015, when the Defendant informed G and H of the construction cost incurred in the construction of the instant studio construction project from around May 2015, the Defendant paid construction cost in the account or cash used by G and H to the Defendant, and again used the money granted by G and H as construction cost for personal purposes from around the summer to the construction business operator.

On the other hand, since wintering in 2015, G and H were delayed due to the shortage of construction cost, and G and H completed Ddong and Fdong first, and E-Dong was suspended from March to April 2016.

2. The defrauded I asked the Defendant to pay the amount of KRW 25,000,000,000, out of the total construction cost of KRW 45,000,000, which was paid only to the 45,000,000, at the Defendant’s request, from April 2016.

피고인은 2016. 7.경 피해자에게 “G 및 H과 표준도급계약서 및 변제금 지급 각서를 작성하였다. 추석 전까지 도배 및 샷시 등 마무리 공사를 해주면, 준공이 떨어진 후 10일 이내에 모든 공사 대금을 완불하겠다”라고 하면서, ‘피고인이 G로부터 이 사건 원룸의 공사를 도급 받았고 그 공사대금은 660,000,000원이다’는 취지로 작성된 G와 피고인 명의의 2016. 7. 12.자'민간공사...