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(영문) 대구지방법원 2019.09.24 2019고단577
사기
Text

A defendant shall be punished by imprisonment for a term of one year and two months.

Reasons

Punishment of the crime

"2019 Highest 577"

1. On October 30, 2017, the Defendant against the victim B made a false statement to the effect that “The Defendant would have ordered remodeling construction work to be completed not later than November 8, 2017, in the victim’s residence located in the Daegu-gu Seoul metropolitan apartment complex D, for the victim’s KRW 10.9 million.”

However, in fact, the Defendant did not pay the personnel expenses, material expenses, credit card payments, and taxes related to the previous construction site at the time, and did not have any intent or ability to complete the remodeling construction work within the time limit which was promised by the victim even if he received the construction cost from the victim and was able to use it to repay the existing obligation, such as labor expenses related to the previous construction site.

Nevertheless, the Defendant, by deceiving the victim as above, received KRW 900,000 from the victim to the account under the name of E of the Defendant’s mother-friendly community credit cooperatives around October 30, 2017, KRW 2 million to the same account around November 2 of the same year, KRW 3 million to the same account around March of the same month, and KRW 4 million to the Daegu Bank Account in the name of his father-child, around the seventh day of the same month.

Accordingly, the defendant deceivings the victim and obtained a total of KRW 9.9 million.

2. Around March 16, 2018, the defrauded of the Victim G made a false statement to the victim “I” operated by the victim of the first floor of the Si, Si, Gu, Si, Ha, Halla, that “I will start remodeling construction work for the I commercial building at KRW 31 million, and complete construction work until April 20, 2018.”

However, in fact, the Defendant did not pay the personnel expenses, material expenses, credit card payments, taxes, etc. related to the previous construction site at the time, and did not pay the total amount of the debt amount to KRW 300 million. Since the Defendant intended to use it to repay the existing obligation, such as labor expenses related to the previous construction site upon receiving construction expenses from the victim, it shall be remodeled within the period agreed upon

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