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(영문) 대구지방법원 상주지원 2015.10.27 2015고단403
사기
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On April 1, 2012, the Defendant entered into a contract for new E-Housing Construction Project with the owner D, and entered into a contract for E-Housing Construction Project with the owner F when residing at the end of May 1, 2012.

On May 1, 2012, the Defendant made a false statement to the victim G by phone calls from the said E-Housing Construction Site, and that “The Defendant would receive the construction cost from the owner as the completion of the construction work, and pay the cost of the materials upon delivery of the materials necessary for the construction.”

However, in fact, the defendant did not have any particular property, and the owner and the owner concluded the above construction cost at a price of more than 15% less than the original price. Since the construction cost received from the owner is thought to be paid by the defendant, such as the material cost of other housing construction, or used for the personal purpose of the defendant, there was no intention or ability to pay the price even if the defendant received necessary materials from the victim for housing construction.

As such, the Defendant: (a) by deceiving the victim; and (b) from May 3, 2012 to September 10, 2012, the Defendant was supplied with building materials equivalent to KRW 13,421,100 at the market price, such as bricks, from May 3, 2012 to September 10, 2012; (c) did not pay the price; and (d) did not acquire property profits equivalent to the said amount; and (d) from May 1, 2012

9. Until October, 100, the victims received necessary materials and services equivalent to the total market value of KRW 33,581,100 from the victims, but did not pay the price and acquired pecuniary benefits equivalent to that amount.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of G and H;

1. Application of the respective Acts and subordinate statutes of I, J, K and L respectively;

1. Relevant Articles of the Criminal Act and Article 347 (1) of the Criminal Act concerning the facts constituting an offense;

1. Of concurrent crimes, the former part of Article 37, Article 38(1)2 and Article 50 of the Criminal Act.

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