beta
(영문) 춘천지방법원 속초지원 2017.11.08 2016고단362

사기

Text

A defendant shall be punished by imprisonment for not more than ten months.

Reasons

Punishment of the crime

On August 28, 2014, the Defendant, “2016 Highest 362, the Defendant, by telephone, would pay the amount of the loan to the Defendant by the bank immediately after the delivery of ready-mixed, which is the owner of a new construction of a high-class medical device factory in Chungcheongnam-nam Budget Group E., and the main plant is completed.

“A false representation was made.”

However, in fact, the Defendant was only a contractor who was requested by F to perform interior works from the owner F of the above construction site, and had no other property due to bad credit standing, and used all the construction cost received from F as personal living expenses, etc., so even if he was supplied from the victim, he did not have the intent or ability to pay the price when he was paid.

The defendant deceivings the victim as above and makes it possible for the defendant to do so from the date and time of the damage.

9. By the end of 30.30, the market price was 12,409,362 won in total and acquired through the supply of ready-mixeds.

On June 29, 2016, the Defendant concluded a new housing construction contract with the victim G on June 29, 2016 with the Gangseoyang-gun H, “The Defendant would complete the construction of the housing by August 3, 2016 on the face of KRW 32 million.”

However, at the time, the Defendant had a debt amounting to KRW 15 million, and the other bonds were at least KRW 4 million, and there was no intention or ability to normally carry out construction even if he received money from the injured party, because he/she had intended to use money for his/her debt repayment and living expenses.

Nevertheless, the Defendant received KRW 3,20,000,000,000 from the victim to the Agricultural Cooperative account under the name of the Defendant on the same day from the victim, and received KRW 16,22 million in total, such as receiving KRW 13,00,000 from the Agricultural Cooperative account under the name of J on July 26, 2016, respectively.