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(영문) 대전지방법원 2018.10.25 2018고단2027
사기
Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

[2018 Highest 2027] The Defendant is a person who engages in artificial medicine business under the trade name of "D" in Daejeon Pungdong-gu C.

1. On September 1, 2017, the Defendant would have the victim F undergo construction from the date of entering into a contract to the date of September 1, 2017 with respect to G art gallery “the president operates” to the victim F.

The construction cost shall be 35 million won in total;

9.11. Article 5 million won for retainers;

9.12. Payment of 20 million won as an intermediate payment group;

The balance of KRW 10 million is paid at the time of completion.

“A false statement” was made.

However, at the time, the Defendant was in a state of bad credit standing due to tax delinquency, and the obligation of 200 million won or more, such as bonds, construction cost, and personnel expenses, has accumulated as a failure of the continued business, and even if the Defendant received construction expenses from the injured party, the accumulated obligation should be repaid first, but there was no ability to input construction expenses for new construction, such as that the accumulated obligation can be mobilized to the Corporation. Therefore, even if the Defendant received the advance payment from the injured party, there was no intention or ability to perform artificial construction as agreed with the victim.

Nevertheless, on September 11, 2017, the Defendant, as seen above, received a total of KRW 5 million from the Defendant’s Defendant’s wife H account to the said account on September 11, 201 and KRW 25 million from the same account on the 12th day of the same month and acquired the victim’s property.

2. On September 12, 2017, the Defendant, at the above “D office, will have the victim I complete the construction from the date of entering into the contract to September 12, 2017, as the president plans to open to J of the new Japanese-style Japanese-style-style Japanese-style Japanese-style Japanese-style Japanese-style Japanese-style Japanese-style Japanese-style Japanese-style Japanese-

The construction cost is 40 million won in total, and 30 million won in the first place shall be paid for the advance payment.

The balance of KRW 10 million is paid at the time of completion.

“A false statement” was made.

However, the defendant at the time receives the advance payment from the injured party as stated in the above Paragraph 1.

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