(영문) 청주지방법원 2019.06.20 2018고단2815

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(영문) 청주지방법원 2019.06.20 2018고단2815

사기

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A defendant shall be punished by imprisonment for not less than five months.

Reasons

Punishment of the crime

On March 29, 2019, the Defendant was sentenced to imprisonment with prison labor for larceny, etc. at the Cheongju District Court on April 6, 2019, and the judgment became final and conclusive as it is.

1. On August 16, 2016, the Defendant made a false statement to the victim C at the construction site of a newly-built house located in the petition-gu, Cheongju-si, Cheongju-si, that “I would pay the construction cost in cash after the completion of the construction work, if I would see that the said house was located in the name of the Defendant.”

However, the defendant did not have the ability to obtain new loans due to existing debts, etc., such as that the KCAD acquired around April 2016 was in financial difficulties, and the company was unable to pay interest on the advanced collateral loans, and there was no property with economic value and there was no intention or ability to pay the construction cost according to the promise even if the defendant received the interior interior interior interior interior interior interior interior interior decoration work from the victim.

Although the Defendant deceiving the victim and had the victim do interior interior interior interior decoration, the Defendant did not pay KRW 30,120,000,000, including the loan money, and did not acquire property benefits equivalent to the same amount.

2. On May 3, 2018, the Defendant concluded on May 3, 2018, that “the Defendant would change the process of planting pine trees, and pay the work cost” to the victim F, who is a landscaping business entity, in the case of the Cheongju-si E-Gu land.

However, the defendant did not have the intention or ability to pay the work price even if the victim completed work due to economic circumstances at the time.

The Defendant, by deceiving the victim as such, did not pay KRW 4,380,000 to the victim, even though the victim did work from May 3, 2018 to May 6, 2018, thereby obtaining pecuniary benefits equivalent to that amount.

Summary of Evidence

1. Defendant's legal statement;

1. Each police interrogation protocol against the accused;

1. Each police protocol against C, G, and F;

1. Written estimate, and

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