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(영문) 수원지방법원 성남지원 2018.08.22 2018고단197

사기

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On April 11, 2016, the Defendant would place the victim D who was subject to a flusium in the Gyeonggi-gu Gyeonggi-gun Co., Ltd, with a house at a low level of 25 million won.

If the owner of a building directly manages civil works and infrastructure works, such works may be conducted at a low value.

10-pat 10-pat oak tree housing will be completed within 2 months and will be well-fat as model housing, and a contract for construction was concluded.

However, the Defendant was in bad credit standing at the time and did not have a certain source of revenue, and was thought to be used as expenses for other construction sites, borrowed money for female E, vehicle installments, mother's hospital expenses, living expenses, etc. It is impossible for the Defendant to complete 10 square meters, and there was no intention or ability to complete b5 million won as promised.

As above, the Defendant: (a) by deceiving the victim; (b) received KRW 5 million from the injured party to the Nonghyup Bank account in the name of E around April 14, 2016; and (c) received KRW 37,400,000 from around that time to May 14, 2016, totaling KRW 16, as stated in the attached crime list, 37,40,000 from around that time to around 16 times, such as down payment, septic tanks, and expenses incurred in scke.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the prosecution with regard to D;

1. Application of each statement, each of the application of the laws and subordinate statutes;

1. The reason for sentencing of Article 347(1) of the relevant Article of the Criminal Act on criminal facts [the scope of recommendations] The reason for sentencing of Article 347(1) of the Criminal Act / [the scope of recommendations] In light of the fact that the defendant performed part of the basic civil works, although the defendant performed some of the construction works, it is only the appearance that a certain construction contract was performed, and the construction was not performed properly as a result of using the construction cost received from the injured person for personal purposes, the defendant has no capacity or intent to perform the construction work.