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(영문) 대구지방법원 상주지원 2015.03.10 2014고단555

사기

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On August 2012, 2012, the Defendant of “2014 Highest 555,” received 70 million won under the name of contract deposit, etc. from the victim C, and commenced construction work around September 23, 2012, after residing in the middle of 2012.

On October 2012, the Defendant made a false statement to the victim of the Defendant at the construction site, stating, “The Defendant may purchase materials necessary for the construction to complete the construction as soon as possible by paying the construction cost to the victim on the face of the week of the payment of the construction cost at the present, and by purchasing materials necessary for the construction.”

However, even if the defendant received the additional payment for the construction cost from the victim, he did not have the intent or ability to purchase necessary materials for the construction and complete the construction as soon as the scheduled date, and the delivered construction cost was considered to be used as the construction cost in another construction site where the defendant had executed.

On October 16, 2012, the Defendant received KRW 50 million from the victim as the remainder of the construction price from the Agricultural Cooperative Account in G, the name of G, as the remainder of the construction price.

Accordingly, the defendant was given property by deceiving the victim.

around 12:00 on April 11, 2013, the Defendant stated the list of applicants for financial support to the farm household in F in E at the time of permanent residence on April 11, 2013, and stated that “I may see that there is no new house plan for the farm household. I may see the representative director of H Co., Ltd. until the construction design and completion. The total construction cost, including the design cost, is 62,50,000,000 won for advance payment, and the remainder is paid upon completion of the construction.”

However, in fact, H Co., Ltd was not established at the time, and even if receiving advance payment from the victim, it shall be used as the payment of construction cost in other construction sites executed by the defendant, repayment of other outstanding amounts, etc.