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(영문) 창원지방법원 2013.06.19 2013고단846
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

[2013Kadan846] The Defendant entered into a construction contract with the victim C on October 25, 201, stating that he/she will remove the inside of the house located in the victim C and his/her owner Kim Sea-si D, 1st floor, and execute construction works, such as a 23.5 million won in price, on October 31, 201, after receiving 7.5 million won down payment from the victim and began construction works on November 4, 201 and after receiving 14.5 million won in total from the victim as the part payment on November 14, 2011, and the remainder of 3 million won was paid after completion of construction works, but the change in the location of the main bank during construction works was suspended, and then requested the victim to pay additional expenses.

On November 23, 2011, the Defendant issued a schedule for the resumption of construction to the victim via E, the head of the above company, on the said construction site, stating that “The cost of additional construction was incurred, and no money was paid to the victim.” The Defendant issued the schedule for the resumption of construction, stating that “The additional construction cost should be carried out immediately if 4730,000 won is paid.”

However, even if the victim received the additional construction cost, it was unreasonable to demand the payment of the balance in advance and not to resume the construction work.

As such, the Defendant, by deceiving the victim, received 4730,000 won from the victim for additional construction costs, and acquired it by fraud.

[2013 Highest 962] The Defendant is the representative of B, who is a human tester, and the Defendant made a false statement to the victim G of F apartment 502 and 101 at Kimhae-si on December 12, 201, stating that “The construction cost shall be paid in accordance with the estimate at all times, in the face of harming the distribution, film, and decoration work.”

However, the fact that the owner was paid almost all the construction cost under the contract, but did not receive any additional construction cost.

The Dog or the Dogartian Corporation has become an Dog or Dogartian.

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