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(영문) 수원지방법원 성남지원 2016.06.08 2016고정225

사기

Text

A defendant shall be punished by a fine of 500,000 won.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

On June 27, 2014, the Defendant entered into a contract with the building owner C to newly construct a multi-household house with the total construction cost of KRW 257 million, and entered into an additional construction contract to install a studio on the first floor of the multi-household house with the total construction cost of KRW 33 million around October 28, 2014, and to install a 4th floor of the 4th floor in the stairs.

On November 14, 2014, the Defendant sent KRW 4,200,000,000 to the victim F, who operates Integian Construction Business (State) E at the construction site of the above D, to the victim F, who is operating the Integian Construction Business (State) E, for the construction of the floor and exhaustive construction of the new multi-household housing, paid KRW 1.7 million prior to the commencement of the construction, and obtained approval for the use, for the remainder of the construction cost, KRW 2,50,000,000,000 for the advance payment account in the name of the victim.

However, the Defendant, at the time, received construction costs equivalent to KRW 270,780,000,000, including KRW 200,000,000,000 from the owner of the building at the time, but failed to commence the additional construction work, and even if the remainder of the construction cost was paid, the Defendant had to pay the remainder of the construction cost for the completion of obtaining approval for use from the competent authority. Until then, the construction cost that had not been paid to other construction business operators was about KRW 14,00,00,00, and there was no intention or ability to pay the remainder of the construction cost even

Nevertheless, the Defendant had the victim do construction work on the floor of the above multi-family house from November 14, 2014 to November 18, 2014, and did not pay the remainder construction cost of KRW 2.5 million.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness F, G, and C;

1. Application of Acts and subordinate statutes to contracts, investigation reports (Submission ofG reference materials and hearing of references G telephone statements);

1. Article 347(1) of the Criminal Act applicable to the facts constituting a crime (the penalty)