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(영문) 청주지방법원 2018.08.16 2017고단2476
사기
Text

A defendant shall be punished by imprisonment with prison labor for four months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant of "2017 Highest 2476" is an internal test construction business operator who is not registered as a business operator due to a relationship in which taxes are delinquent and individual rehabilitation is in progress.

1. On March 6, 2017, the Defendant: (a) had been preparing for a restaurant opening business with the victim C; (b) had a telephone call at an insular place; and (c) had discussed the interior agreement, etc.; and (d) had concluded a contract for an insular term with the victim around April 8, 2017 at the victim’s residence located in Ansan-si, Chungcheongnam-do; and (c) had the victim paid KRW 36 million in total, including down payment of KRW 18 million, intermediate payment of KRW 12 million; and (d) had the victim paid KRW 6 million in total to the victim; and (e) had the victim paid KRW 18 million insular term and KRW 12 million insular term and KRW 6 million insular term and KRW 5 million insular term E from around April 8, 2017.

5. From May to May, 200, the term “to give an order” was concluded with the victim and the contract for construction.

However, the Defendant, at the time, was unable to pay the construction cost (work cost, material cost, etc.) at another site due to the obligation and financial shortage of KRW 150 million, and was thought to use the construction cost to be received from the injured party as the payment of the construction cost in another construction site or as the Defendant’s repayment or living cost. Therefore, even if receiving the above construction cost from the injured party, the Defendant did not have any intent or ability to undertake the construction work properly.

Around March 6, 2017, the Defendant: (a) by deceiving the victim as above; (b) transferred KRW 1750,000,000 to the I Bank Account (J) in the name of the Defendant’s wife H; (c) KRW 18,000,000 as a contract deposit on April 8, 2017; and (d) KRW 34,150,000,000,000 to the part payments, etc. under the pretext of part payments, etc. on April 29, 2017.

2. On March 16, 2017, the Defendant entered into a contract for a contract for the interior interior interior interior interior interior interior interior of “M” located in K and Daegu-gu L.

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