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(영문) 부산지방법원 2018.10.22 2017고단3785

사기

Text

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

Reasons

Punishment of the crime

[Criminal record] On June 21, 2017, the Defendant was sentenced to a suspended sentence of two years on August 21, 2017 by using a falsified document and a falsified investigation document at the Busan District Court, and the said judgment became final and conclusive on June 29, 2017.

[2] The defendant is a constructor. The victim B is a person who requested the defendant to construct a electric source house in Gunsan-si, and the victim D is a person who is entrusted with the building of the electric source house and fence construction through the defendant, and the victim E is a person who invested the construction cost in the construction of the F mushroom plant in Gyeongnam-gun, Gyeongnam-si, the defendant was in progress.

1. On April 6, 2016, the Defendant against the victim B and the victim B made a direct payment of construction cost by obtaining a loan of the said G site as security by the victim’s failure to comply with the promise even though the Defendant agreed to directly prepare and implement construction work by concluding a contract with the content of payment by the victim after building the concrete of the second floor, and the victim was paid construction cost only when the specific construction work details should be specified, but only when the victim paid construction cost.

A. On August 20, 2016, the Defendant, at the construction site of the electric source C’s house, talked to the effect that “the victim would have changed the cost of the outer wall construction to KRW 3 million” and received KRW 3 million from the damaged party’s account at the Defendant’s wife H on the same day.

However, the defendant did not have the intent or ability to construct the outer wall of the previous house upon receiving the above money from the injured party.

Accordingly, the defendant deceivings the victim and defrauds 3 million won.

B. On August 23, 2016, the Defendant: (a) at the construction site of electric power resource C, and (b) the victim’s “the outside of a residential building” was attached to the outside of a residential building; (c) the head of the competent office, the head of the competent interior office