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(영문) 서울중앙지방법원 2015.04.10 2015고단1067

사기

Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

On June 23, 2008, the Defendant entered into a construction contract which newly constructs a house of 200 square meters in building area and 200 square meters in building area on July 1, 2008 on the date of commencement of construction work on July 31, 2008 for the victim I (51 years of age, 51 years of age, and 502) on the part of the victim I (440.9 square meters of land for the victim under the jurisdiction of the victim I (51 years of age, women) located in the area of Ma-gu, Seongbuk-gu, Seongbuk-gu, Seongbuk-gu, Sungcheon-do.

According to the contract, the defendant could receive 30% of the price after completion of the basic work and 90 million won, and the remainder of the down payment of KRW 30 million can be paid only according to the progress rate.

The Defendant’s fact at the above date, time, and place refers to the Defendant’s false statement to the effect that “Notwithstanding there is no intent or ability to complete the construction work by purchasing construction materials, etc. even if the Defendant received construction expenses in advance from the victim, the Defendant would purchase construction materials at a low price at which the Defendant would have paid money in advance prior to commencement of construction work,” and that such false statement was made from the victim to the effect that “it would purchase construction materials at a high price in advance prior to commencement of construction work.”

7.7.20 million won was remitted to the Agricultural Cooperative Account under the name of the Defendant, such as the transfer of the sum of KRW 300 million, as listed below:

Nevertheless, the Defendant did not purchase building materials with remitted money, used them for personal necessary purposes, such as cost of high-art art works, cost of living, repayment of personal debts, and housing repair cost of the Defendant, and started the above construction work around March 2009. After receiving the total amount of KRW 300 million, the Defendant continued only part of the construction work until October 201 when considerable time elapsed.

Accordingly, the defendant deceivings the victim, thereby deceiving 300 million won from the victim.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol of examination of part of the defendant by prosecution;

1. Each police statement made to I;

1. A contract agreement for construction works;

1. Each letter (Evidence No. 4, 34 pages) 1.