beta
(영문) 대구지방법원 2014.09.25 2013고단6369

사기

Text

A defendant shall be punished by imprisonment for a term of one year and four months.

Reasons

Punishment of the crime

On August 22, 2013, the Defendant was sentenced to eight months of imprisonment for fraud, etc. at the Daegu District Court, and the said judgment became final and conclusive on November 22, 2013.

1. The Defendant is a person who runs a construction business in Daegu Suwon-gu C with the trade name of “D”, and the Defendant had no intent or ability to complete the construction work without delay within the agreed date even if he/she received the construction payment from others, as he/she was in a situation where E, the contractor, was in default on April 201 and was under financial difficulties due to the failure to receive the construction payment due to the failure to pay the construction payment in connection with the remodeling construction work for the building located in Chungcheongnam-gu, Daegu-gu.

Nevertheless, on August 9, 2011, the Defendant concluded a new construction contract with the victim for the G farm housing located in Daegu-gun, Seogu-gun, Daegu-gun, for the new construction work with the victim, that “The victim F will newly build the farm housing up to November 20, 201, including design expenses, by November 20, 201.”

9. 8.8 million won, and the same year;

9.1 million won, and the same year;

9. 16.9.5 million won, and the same year.

9. On September 19, 199, KRW 5 million, KRW 5 million on October 25 of the same year, KRW 8 million on November 22, 11 of the same year, KRW 13 million on November 29 of the same year, and KRW 6 million on December 13, 199, were transferred to the Daegu Bank Account in the name of H, and acquired the total amount of KRW 58 million on nine occasions by transfer to the Daegu Bank Account in the name of J (K).

2. The Defendant, “2013 Man-Ma7108”, who is engaged in the construction business in the name of M in Daegu hydro-gu L, concluded a new house construction project with N around April 29, 2012 and received an amount equivalent to KRW 61 million for the construction cost after having entered into the construction project with N around April 29, 2012, but failed to complete the construction work within the period promised by using the company operating funds and personnel expenses, thereby completing the construction work without delay.