(영문) 청주지방법원 충주지원 2015.12.22 2015고단432

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(영문) 청주지방법원 충주지원 2015.12.22 2015고단432

사기

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant, as a construction business operator operating “B,” and around September 25, 2013, entered into a contract for the construction of D ground buildings with C and Chungcheongnam-si, and continued the construction. The Defendant received total construction cost of KRW 50 million from October 24, 2013 to June 2, 2014, including the payment of the down payment of KRW 5 million following the conclusion of the contract.

Around October 21, 2013, the Defendant made a false statement to the victim E at the construction site, stating that “When the Gu building located at the above address is removed or removed, he/she shall pay the cost of waste disposal, etc.,” the Defendant made the victim complete the work of removing the building from October 21, 2013 to October 30 of the same month. After that, the victim claimed KRW 17,64,000 in total from October 26, 2013 and January 15, 2014, the Defendant made a false statement to the effect that “C cannot pay it because it did not grant construction cost.”

However, as seen above, the Defendant was not only in the status of receiving the full amount of the construction cost from C, but also was liable for the amount of KRW 44,00,000 at that time, and even if the Defendant was in arrears with taxes equivalent to KRW 28,157,00,00, the Defendant did not have any intent or ability to pay the said cost even if he had the victim perform the work of removing the building.

After all, the defendant acquired property benefits equivalent to the same amount because the victim did not pay 17,644,00 won of the cost of demolition of the building at his address and completed the removal of the building at his address.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. Statement to E by the police;

1. Application of Acts and subordinate statutes to each investigation report (including attached documents);

1. Article 347 (1) of the Criminal Act applicable to the crimes and Article 347 of the Election of Imprisonment;

1. Article 62 (1) of the Criminal Act;

1. The punishment of Article 62-2 of the Criminal Act shall be obtained by deceit of the accused for probation and community service order.

참조조문

-형법 제62조 제1항

-형법 제62조의2

-형법 제347조 제1항

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