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(영문) 창원지방법원 2021.03.26 2020고단1886
사기등
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

Reasons

Punishment of the crime

[criminal records] On February 8, 2017, the Defendant was sentenced to two years of imprisonment for fraud at the Changwon District Court on the 16th of the same month, and the judgment became final and conclusive on the 16th of the same month, and on October 23, 2018, the execution of the sentence was terminated at the Changwon Prison.

[2] On October 22, 2019, the Defendant: (a) paid KRW 130,00,000,00 to the victim D’s office in the name of the construction company in the name of the Defendant’s office in the 1st century Kim Yong-si B and the 1st floor around the 201st century; (b) the Defendant completed remodeling construction works for the E-3 story apartment building in the Gyeongnam-si city by December 22, 2019.

“........”

However, in fact, the Defendant had already caused the deficit of KRW 40 million in other construction works, and had no particular property or income, so even if he received the construction payment from the injured party, he did not have the intent or ability to complete the construction work until the said date.

As such, the Defendant, by deceiving the victim, received KRW 75,00,000 from October 21, 2019 to November 18, 2019, the Defendant received KRW 75,00,000 in total from the Plaintiff’s Busan Bank account from the victim to the new bank account in the name of the F, other than the public prosecution, four times from the date of commencement and intermediate payment, and received KRW 30,000,000 from November 30, 2019 to December 5, 2019 on two occasions, such as receiving KRW 30,00,000 from the Plaintiff’s Busan Bank account.

"200 Highest 3920"

1. Fraud;

A. The Defendant, due to the defraudation of the price for the interior design, is a person who operates an interior construction company (indoor Construction) with the mutual name “C” from Kimhae-si G, and the victim I’s house located in Busan H around October 24, 2019, would complete the interior construction work until December 28, 2019 if the Defendant pays KRW 39 million to the victim.

“The purpose of “” was to conclude the interior construction contract with the victim as the sum of the construction cost of KRW 39 million.

However, the Defendant did not pay the price related to other artificial works at the time. There is about KRW 40 million.

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