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(영문) 서울중앙지방법원 2019.11.29 2017고단1634
사기등
Text

A defendant shall be punished by imprisonment for a term of one year and four months.

Reasons

Punishment of the crime

The court should accept the defendant's right of defense based on the facts revealed by the evidence duly adopted and investigated by the court within the scope not limiting the defendant's right of defense.

"2017 Highest 1634"

1. Around June 18, 2015, the Defendant entered into a new construction contract with the victim B on a building site of 1,587 square meters on the second floor area of 433.62 square meters above ground with the victim B, Gyeonggi-do, in the price of KRW 280,00,000 (value-added tax separately).

After the same year, the Defendant

6. In the E office located in Gangnam-gu, Seoul, and the defendant's wage for the construction site was not paid to the above victim as well as the construction cost for other construction site of the defendant who had been previously in progress, even if the above victim received the construction cost from the above victim, it should be used for other construction site or in the personal repayment of his/her obligation, and even if there was no intent or ability to complete the above construction work properly, it should be paid to the above victim because of the above victim's failure to complete the above construction work, even though the above construction cost is used for other construction site or in the personal repayment of his/her obligation, there is a lot of advance payment due to the above victim's lack of intent or ability to complete the above construction work. It is necessary to secure in advance the price at the end of each year because the above construction cost is lower than the market price. On the contrary, the above victim's

6. The same year, around 19.19:40,000,000 won;

6. 23. 23. 50,000,000

9. On July 1, 198, around 50,000 won, around November 27, 198; KRW 10,000,000 on around November 27, 198; and KRW 18,00,000 on December 1, 198, the money was transferred to a bank deposit account in the name of the Defendant; and KRW 20,000,000 on December 31, 31 of the same year, the money was transferred to a post office deposit account in the name of the Defendant and acquired KRW 18,00,000.

2. The Defendant, as described in paragraph 1, was performing construction works upon a request from the victim B to construct the above second floor building on November 18, 2015.

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