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(영문) 창원지방법원 통영지원 2016.05.27 2015고단639
사기
Text

Defendant shall be punished by imprisonment for a term of one year and six months.

Reasons

Punishment of the crime

"2015 Highest 639"

1. Fraud against the victim C;

A. On April 20, 2014, the Defendant made a false statement to the victim C, stating that “The Defendant would pay the price immediately after the completion of construction on the face of the week after completing construction, such as the main household, etc. of the D New Housing Construction Corporation, at the E office located in the Si-si.”

However, the Defendant, at the time of the shortage of funds, has been preventing so-called return, such as paying the construction cost from the other site to the construction cost, which was incurred in the construction work at a total of 6 places in total, and most of the construction works in progress at the same time were hostile, and the liabilities were only 30 million-40 million to 40 million won. Therefore, even if the injured party is performing the main household construction, he/she did not have the intent or ability to pay the compensation to the injured party properly.

Nevertheless, the Defendant had the victim complete the construction work, thereby acquiring the pecuniary benefits equivalent to KRW 20,300,000 for the construction cost.

B. On August 19, 2014, the Defendant made a false statement to the victim that “The Defendant would pay the construction cost along with the unpaid price immediately before the completion of the construction of the kitchen house at the F Housing Construction Site at the time of the construction of the kitchen.”

However, the defendant did not have the intent or ability to pay the cost of the construction to the victim, even if the victim had been doing construction work for the above reason.

Nevertheless, the Defendant, by deceiving the victim and having the victim complete the construction work, acquired the pecuniary benefits equivalent to KRW 7,800,000 for the construction cost.

2. On August 31, 2014, the Defendant made a false statement to the victim G by calling the victim G at the site of the studio construction work located in H at the studio construction site at the studio construction site at the studio construction site at the studio construction site at the studio construction site, stating that “The Defendant would pay the price at an early date when supplying the steel bars of the construction materials to be used

However, the defendant is true.

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