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(영문) 수원지방법원 안산지원 2017.03.16 2016고단3590
사기
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

On September 27, 2014, the Defendant made a false statement to the victim D on September 27, 2014, "The Defendant would sell a house of KRW 350,000,000 to the Yangsan-dong, Osan-si, and deposit KRW 110,00,000 in the name of the contract deposit, and deposit KRW 100,000,000 in the name of the contract deposit to the public notice of the State, and the remaining amount after completion."

However, even if the defendant received the down payment from the injured party, he did not have the intention or ability to actually construct for the injured party, and was thought to use the money transferred from the injured party as expenses and living expenses related to other construction sites because the financial situation at the time is not good.

The defendant received 55 million won as the contract deposit in the name of the defendant's agricultural account (Account Number E) from the injured party on the same day and acquired it by money.

"2017 Highest 196"

1. On September 201, 201, the Defendant against the victim F made a false statement to the victim F in the Dong-gu Seoul Special Metropolitan City G stores No. 31-33, Dong-gu, Gwangju Special Metropolitan City, stating that “The Defendant would charge this store interior interior interior construction work” to the victim F. The estimate would be paid according to the invoice submitted by each business operator, and the daily wage would be calculated by 200,000 won per day, and the daily wage would be deducted from the commencement of construction work.”

However, even if the Defendant received the advance payment from the injured party, the Defendant did not have the intention or ability to do the test for the injured party, and the amount transferred from the injured party due to the lack of financial conditions at the time was considered to be used as the Defendant’s living cost.

The Defendant, under the name of the Defendant’s credit cooperative account (I) with H’s name designated by the Defendant, acquired the total amount of KRW 10 million from September 9, 201, and KRW 200 million on October 3, 201, respectively, by receiving each remittance of KRW 10 million from the victim to the credit cooperative account (I) with the name of the Defendant for the commencement of construction.

2. On November 8, 2010, the Defendant against the victim J is operating the GJ of the victims of Woo-gu K in the large wartime of war around November 201.

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