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(영문) 대구지방법원 2017.10.13 2017고단3185
사기
Text

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

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

1. On December 15, 2015, the Defendant against the victim B made a false statement to the victim B, the owner of “F Housing in Daegu Jung-gu,” at the instant coffee shop located in Daegu-gu, Daegu-gu, stating that “The Defendant would complete remodeling construction works by first paying the full amount of construction cost of KRW 60 million until January 17, 2016, if the State would pay the full amount of construction cost.”

However, in fact, even if the Defendant did not have any property at the time, and did not receive the payment of the construction cost in another construction site and did not receive the payment of the construction cost, and received the payment from the injured party for the purpose of the construction cost due to the shortage of the construction schedule, it was thought that it would be used as another construction site price, personal debt, living cost, etc., and thus, the Defendant did not have any intention or ability

Ultimately, the Defendant received from the injured party one copy of the check (in the face value of KRW 40 million, G) issued from the Daegu Bank for the purpose of the construction cost, and received KRW 10 million from the Agricultural Cooperative (I) account in the name of H under the same name on the 16th day of the same month, and received KRW 4 million from the same account on January 13, 2016.

2. Fraud to the victim J;

A. On January 5, 2016, the Defendant made a false statement to the victim J on the street of Daegu-gu, Daegu-gu, stating that “In order to remove existing buildings located in K and three parcels of land outside Daegu-gu, the Defendant entered 20 million won at the cost of removal, and first sent 20 million won to the removal business entity and will proceed with the removal work.”

However, even if the Defendant did not have property at all at the time, and did not receive the construction cost in another construction site and did not receive the payment of the construction cost, and received money from the injured party for the removal cost due to the shortage of construction cost, it was considered to be used as personal debt repayment, other construction site construction cost, living cost, etc.

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