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Reasons
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(영문) 수원지방법원 2020.01.09 2019고단3996
사기
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A defendant shall be punished by imprisonment for not more than ten months.

Reasons

Punishment of the crime

1. Around March 19, 2015, the Defendant: (a) made a false statement that “The Defendant, at a company run by the victim C in the Hap-gun, Hapong-gun, Hapyeong-gun, the victim would work for the victim at KRW 161,00,000 of the total construction cost of KRW 50 square meters and KRW 30 square meters at KRW 161,000 of the total construction cost.”

However, in fact, the above two warehouses and one house construction project cannot be carried out normally due to the change of land use and construction permission. At the time, the defendant did not have the intent or ability to complete the above construction even if he received the construction payment from the victim because the construction cost was required to be paid at another construction site.

The Defendant, on March 20, 2015, transferred KRW 48,300,00 from the victim under the pretext of a contract for a construction project, KRW 50,00,000, around May 6, 2015, and KRW 17,000,000 around May 23, 2015, KRW 4,50,000 around June 19, 2015, KRW 1,80,000 around July 21, 2015, KRW 3,20,000 around August 21, 2015, KRW 1,50,000 around August 29, 2015, or KRW 1,50,000 around August 29, 2015, through a total of KRW 70,300,00 in the name of the Defendant.

2. On September 14, 2015, the Defendant made a false statement to the effect that “The Defendant, at the construction site, excluded the victim from the balance of the construction work, the payment of KRW 2,020,000,000 from the balance of the construction work at the construction site, instead of paying the KRW 2,020,000.”

However, in fact, the Defendant did not have the intent or ability to complete the construction work normally and did not receive any balance from the victim, and even if the Defendant had the victim pay the personal food for the victim, the Defendant did not have the intent or ability to settle the food for the completion of the construction work.

The defendant had the victim settle 2,020,000 won of the negative credit value on the G cafeteria, and acquired it by fraud.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. A construction contract;

1. A copy of account transactions and records of passbook transactions;

1. A copy of a receipt (type of receipt);

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