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(영문) 창원지방법원 밀양지원 2015.10.08 2015고단118
사기
Text

Imprisonment with prison labor for the crimes listed in paragraph (1) above, and eight months for the crimes listed in paragraph (2) above.

Reasons

Punishment of the crime

On November 15, 2012, the Defendant was sentenced to one year of imprisonment for fraud in the Busan District Court’s Dong Branch Branch, and the said judgment became final and conclusive on February 9, 2013.

1. From June 21, 2012 to July 25, 2012, the Defendant committed fraud: (a) at the E office operated by the victim D, who was in the early Gyeongnam-gun on June 21, 2012, around early 2012, the Defendant heard that the said victim would build two commercial housing units; (b) the victim would have experienced a lack of construction cost from the time when he was the president of the neighboring Gel; and (c) the victim would purchase dumped products, or use the materials remaining at another construction site, thereby reducing the construction cost by reducing the construction cost by using the materials stored at the other construction site, which the victim wanted to receive 7,2360,000 won.”

However, the facts are that the Defendant did not have any right to the above Gel, and there was no other place in progress due to the failure to conduct construction business from around 2009, and there was no other construction cost reduction scheme because it did not secure the discounted materials necessary for the instant shopping district housing construction, and it is not clear that other construction cost reduction scheme is possible to complete the commercial house as promised by the victim. Even if the Defendant received money from the victim as the construction cost, it was thought that most of the Defendant used it as the personal debt repayment or its own living cost irrelevant to the project.

Nevertheless, around June 21, 2012, the Defendant, at the above E office around June 21, 2012, said E office, reads to the effect that “the h (H) beam to be used in the above shopping district housing construction has secured the Defendant from dumping, thereby sending the proceeds thereof.” On the same day, the Defendant received KRW 1,723,600 from the victim as the h (H) beam beam under the name of the victim, and received KRW 1,723,600 in total three times, such as the annexed list of crimes.

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