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(영문) 수원지방법원 안양지원 2017.10.19 2016고단538
사기
Text

Defendant 2 was punished by imprisonment with prison labor for each of the crimes in the order of 2016, the order of 538, the order of 2016, the order of 835, the order of 2016, the order of 835.

Reasons

Punishment of the crime

"2016 Highest 538"

1. On December 24, 2010, the Defendant against the victim B entered into a construction site for neighborhood facilities located in the Gyeonggi-gu, Gyeonggi-si, Gyeonggi-do, and the victim B to subcontract the construction of neighboring facilities.

In order to reduce the construction cost, it would be possible to purchase steel bars at the pre-determined price. Therefore, it was false that the down payment of KRW 30 million should be transferred first.

However, the above construction site at the time was in a situation where the construction business operator could not normally perform the construction work by exercising the right of retention for the reason of the failure of the construction cost, etc., and the defendant did not have the intention or ability to reduce the victim of concrete construction work which is a part of the above construction work as a simple electric technician of the vice-chairperson D Co., Ltd., the construction company, and the defendant did not think of the intention or ability to use the above construction site as the cost-based payment to the construction sub-contractor who would receive money from the injured party as the contract deposit for the construction work.

Nevertheless, the Defendant, as such, by deceiving the victim and by deceiving the victim, obtained the total amount of KRW 30 million from each transfer of KRW 10 million around December 24, 2010 to the national bank account (Account Number: E) in the name of the Defendant, a stock company designated by the Defendant, and KRW 20 million around December 29, 2010.

2. On March 2013, 2013, the Defendant against the victim F was under construction of a 4th floor building on the first ground of the Dagjin-gun, Chungcheongnam-gun, Chungcheongnam-si, and completed the construction of a 2nd floor.

A false statement was made to the effect that, at the prime place of rebates, 4 million won would be awarded the construction work of the above building.

However, even if the defendant receives money from the injured party as the pretext of rebates, he did not have the intent or ability to construct the above building.

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