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(영문) 대전지방법원 2018.05.11 2018고단39
사기
Text

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

Reasons

Punishment of the crime

[criminal records] On December 2, 2015, the Defendant was sentenced to the imprisonment of eight months at the Incheon District Court for fraud, and six months at the same court on April 7, 2016, and completed the execution of the sentence on January 30, 2017. On September 5, 2017, the Daejeon District Court sentenced the imprisonment of ten months at the Daejeon District Court for fraud, and the judgment became final and conclusive on December 29, 2017.

[Criminal facts]

1. On March 10, 2017, the Defendant, who operates the “C”, which is a tester company, ordered the victim E to undertake remodeling construction work (D Apartment No. 105, 805,000,000 won in total) of the construction cost.

The phrase "the down payment and the construction cost have been changed".

However, the defendant, at the time, has reached the 40 million won personal debt, and the majority of the construction works have been carried out with no capital of the research company, and even if he received money from the injured party as the name of contract deposit and the construction cost, he was considered to have been used as expenses and living expenses necessary for other construction works, and there was no intention or ability to normally remodel the injured party.

On March 10, 2017, the Defendant received KRW 3 million in cash from the damaged person as a contract deposit for construction works, and received KRW 6 million as a construction cost on April 25, 2017 from the Defendant’s account under the name of the Defendant, and transferred KRW 3 million as a construction cost on May 14, 2017, and acquired KRW 12 million in total as the same account as the construction cost.

2. On March 18, 2017, the Defendant told the victim G at the front coffee shop of the F apartment at the time of Gyeongnam-si, that “If the Defendant lends the F apartment house to a house 102, 1504,00,000 won, the Defendant would have to execute the interior work at a price lower than that of other places.”

However, at the time, the defendant had a personal debt up to 40 million won, and had a number of construction works in the state that he did not have a capital of the man-made company.

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