beta
(영문) 인천지방법원 2016.05.20 2016고단1598

사기등

Text

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

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. Fraud;

A. On May 30, 2014, the Defendant, at the hotel coffee shop located B, around 30, May 30, 2014, ordered the victims D to undertake construction upon the proposal to participate in the new construction of the E Daejeon Hospital, and ordered the construction of the facility and soil facilities for KRW 800,000 from the above E.

With no construction license, the FF corporation G will undertake the construction work in the name of G.

On the other hand, if the construction cost is required to be leased KRW 50 million, the principal shall be paid first by receiving the advance payment for the construction project, and the 4 million won shall be paid every month from the commencement date to the completion date of the construction project in return for the loan of money, and 100 million won shall be paid until December 30, 2014 by settling accounts at the time of completion of the construction project.

The phrase “ makes a false statement.”

However, in fact, at the time of borrowing money from the injured party, the Defendant had been urged to pay the outstanding amount related to H-won Housing Construction, which was the previous construction site at the time of borrowing money, and there was no ability or intent to pay the principal and the interest promised even if the Defendant borrowed money from the injured party, such as delayed construction of the said Daejeon Hospital Corporation, etc.

The defendant deceivings the victim as above, and was transferred KRW 49.5 million to the Agricultural Cooperative Account under the name of the defendant on the same day from the victim.

B. On July 3, 2014, the Defendant: (a) around July 3, 2014, at the E office located in the building No. 201, Nam-gu, Incheon Metropolitan City I; (b) the victim D received orders from E to the K church construction work in the Chungcheongnam-gu, Chungcheongnam-gu, Chungcheongnam-si, the Corporation was interrupted; and (c) the vice president of E, the Vice president of E, the Corporation,

In this regard, it is possible to start waste disposal work first, so that waste disposal cost of KRW 30,00,000 should be loaned to the construction site and it will be paid immediately after receiving advance payment.

The phrase “ makes a false statement.”

However, in fact, the defendant did not receive a subcontract from L at the time of borrowing money from the damaged person, and did not have it.