beta
(영문) 수원지방법원 안산지원 2013.05.16 2012고단1094

사기

Text

In the case of the crimes of No. 1 in the judgment of the defendant, a fine of one million won shall be imposed on the crimes of No. 2 in the judgment of the court.

Reasons

Punishment of the crime

On March 25, 2009, the Defendant was sentenced to a suspended sentence of one-year imprisonment at the Suwon District Court for a crime of fraud, and such judgment became final and conclusive on April 2, 2009.

1. The Defendant, against the victim D, conspiredd to acquire money from E and the victim D as a contract deposit for subcontracted construction works.

Around October 30, 2008, the Defendant conspired with E to the construction site of the F Building in Gyeonggi-gun, Gyeonggi-do, “The construction of the F Building was carried out byG, and the construction was actually carried out byG. It is E. It is the fact that us will give a subcontract for facilities, electrical construction, etc. to pay money.”

However, the construction of the F Building at the time could no longer proceed due to the aggravation of the financial situation, and even if the defendant received money from the victim, he did not have any ability or intent to subcontract the construction to the victim.

The Defendant, in collusion with E, by deceiving the victim, and then deceiving the victim from the victim to the post office account under the name of the Defendant for the purpose of contract for construction work, received the remittance of KRW 10 million from October 30, 2008, and KRW 10 million from November 5, 2008, and acquired 20 million in total.

2. Around April 5, 2011, the Defendant against the victim C stated that “A victim C shall be liable for the new apartment construction work site located in Mapo-gu Seoul Metropolitan Government H” to the victim C at the site of the new apartment construction work site. The design design drawing is sought from the design office, and money is needed to construct fences in the field, and no money is available for construction work. If five million won is leased, the Defendant would be entrusted with the installation work of the new apartment construction site and receive money from the land owner when the construction work commences.”

However, the defendant did not have the authority to subcontract the construction work of apartment buildings because he did not have the field director at the new site of apartment buildings, and even if he receives money from the victim.