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(영문) 창원지방법원 2014.11.19 2014고단819
사기
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

From December 198 to December 201, 201, the Defendant, along with C, was a person who constructed E-Saba and an officetel on the non-party D and non-party D and in the non-party D and in the non-party D and in the non-party D and C, the Defendant and C, without their own capital, borrowed money from others and paid construction expenses in kind to construction business operators in the non-party D and in the non-party D and C, had a large number of victims over several times of loan construction works, and there was a loan borrowed and unpaid construction cost exceeding one billion won.

On February 2009, the Defendant, at the said new construction work office, made the victim F to the effect that “The Defendant would perform the business of cutting down trees necessary for construction in order to avoid two buildings, such as the 1st underground floor, the 4th underground floor, the 1st floor and the 1st floor floor of the 4th floor above the ground,” and the 1st floor of the 4th floor above the ground, the Defendant had the victim perform the work for about one month, but the construction was suspended due to the lack of the construction cost.”

Around September 2009, the Defendant made a false statement to the effect that “The Defendant would pay the victim an officetel 303 which is newly built as a substitute and settle the remainder of the construction cost.”

However, the fact is that the defendant's personal debt is 230 million won at the time, and the debt related to C's construction that has been managed by the fund is more than one billion won as above, and there was no intention or ability to pay construction cost or officetels to the victim.

The Defendant, as above, deceiving the victim and had the victim do so from February 2, 2009 to December 2, 2009, obtained pecuniary benefits equivalent to KRW 150,460,000 of the construction cost by allowing the victim to perform a tree work, such as a fry construction for the said building.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the suspect examination of the accused;

1. Statement by the prosecution against C;

1. Each police statement made to F, G, and H;

1. Construction works;

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