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(영문) 창원지방법원 통영지원 2017.06.22 2016고단2021
사기
Text

A defendant shall be punished by imprisonment for three years.

Reasons

Punishment of the crime

On September 24, 2015, in relation to the new construction of accommodation facilities in the D office of the self-management of the victim E at the D office located in the city around September 24, 2015.

From the permission of Nice-gu's deliberation, it is possible to cover up to 3.8 million won per square year, including all parts, such as architectural interior, cooling and heating facilities, landscaping, lighting, and signboards.

It can be completed in spring by passing the deliberation permission within one month.

“At the end of April 30, 2016, “The first construction contract was made with the construction cost of KRW 116 million as the condition that the construction work is completed by April 30, 2016, and the second construction contract was made with the design office with the design cost of KRW 25 million delivered from the injured party and the design cost of KRW 25 million was requested by the injured party for the production of the drawings to the design office, and the application for the construction permit was made for dives viewing with the completed construction permit drawings attached, on October 30, 2015. On November 4, 2015, the date of commencement, on December 10, 2015, on five months after the scheduled completion date, on five months after the commencement of the construction work, and the construction cost of KRW 1.2 billion (the condition that KRW 30 million shall be paid after the completion of the inspection).

However, the Defendant did not have experienced new construction of the telecom, and it was not clear that he would obtain a construction permit in one month, and even though there was an asset equivalent to KRW 1.950 million in total of the appraised value, the Defendant paid monthly income of KRW 10 million in excess of the debt amount equivalent to KRW 2.365 million in total, such as the amount of the secured debt of the right to collateral security, but paid interest equivalent to KRW 14 million in excess of the debt amount.

In addition, there was no intention or ability to complete the lodging facilities even if the injured party receives the construction payment from the injured party, because the plan was to use the house and studio as a new construction of the previous house and studio as the construction payment received from the injured party.

Nevertheless, the defendant deceivings the victim as above, and is down payment on November 5, 2015 from the victim.

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