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(영문) 대구지방법원 2018.12.14 2017고단6616
사기등
Text

A defendant shall be punished by imprisonment for one year.

Of the facts charged in the instant case, the fraud against the victim B is acquitted.

Reasons

Punishment of the crime

The defendant of "2017 Highest 6616" is a person who engages in a building business under the trade name of "D" in Daegu Suwon-gu C.

1. On July 6, 2016, the Defendant, in the name of a housing remodeling construction work, concluded a remodeling construction contract with the victim E regarding housing located in the “D office” in the said “D” office, and completed the remodeling construction work with the victim within the period of time.

“.” The purport was “.

However, in fact, under the circumstance that the Defendant was not only liable for the debt incurred while carrying out construction works in an unreasonable manner at several places, but also the Defendant was liable for the loan of approximately KRW 20 million, it was thought that it would be used to pay the construction price from the injured party for other construction sites or for personal debt, and thus, there was no intention or ability to complete remodeling works within the construction period.

As above, the Defendant: (a) received KRW 5 million from the injured party on July 6, 2016 to the G bank account under the name of the Defendant as the down payment from the injured party; and (b) received from July 11, 2016 the total sum of KRW 20 million from that time to July 11, 2016, as shown in the List of Crimes (1).

2. On July 2016, the Defendant entered into a new housing construction contract with the victim and the construction amount of KRW 80,130,000, and the construction period until November 30, 2016, on the following grounds: (a) the Defendant, under the name of a new housing construction project, was entering into a new housing construction contract with the victim for the removal of the housing required for remodeling, as described in the preceding paragraph.

The defendant around that time completed new construction works as soon as possible than the original scheduled construction period with the victim's construction payment in the above "D" office.

“.” The purport was “.

However, in fact, the defendant was not only liable for the debt incurred while carrying out construction works in an unreasonable manner at several places, but also has a debt of approximately KRW 20 million.

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