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(영문) 제주지방법원 2018.01.19 2017고단2791
사기
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

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

Reasons

Punishment of the crime

1. The Defendant of fraud of KRW 10,50,000,000 for the service cost for the installation of a safety launch plate to the victim D is the victim D at the housing site located in the city E at the end of June, 2016 in the city of Jeju around the end of June, 2016, for the following reasons: “The construction work of the F general housing at the city of Jeju; the construction work of the outside vision, the work of the installation of a safety launch plate, and the transport of construction materials. The price of KRW 10,50,000 shall be paid to the project owner by receiving the construction cost from the project owner and around October 10, 2016.

“A false representation was made.”

However, in fact, the Defendant did not have property at the time and was above KRW 160,000,000,000, and even if he received construction payment from the owner, he was willing to use the existing material price and labor cost to repay obligations, such as labor cost, so even if he received services such as installation of external vision from the victim, he did not have the intent or ability

The Defendant, as seen above, did not pay KRW 10,50,000 to the victim, and did not receive any service from the victim to October 2016 from July 19, 2016, such as the establishment of an external vision at the construction site of the Jeju FF general housing from around July 19, 2016.

2. Fraud of KRW 420 million in the cost of construction for victim G, H and I;

A. Around August 11, 2016, the Defendant entered into a new housing construction contract with the victim H, I, and I, with the construction cost of KRW 260 million with respect to a new housing construction project with the total floor area of KRW 200,000 square meters on two parcels, in the office of the J and G architect in the first floor in the Jeju-si, Jeju-si, and G architect in the first floor.

However, in fact, the defendant did not have property at the time and did not have any intention or ability to construct a house to the victims because he was willing to use it for the payment of obligations, such as the existing material cost and personnel expenses, even if he received the construction payment from the victims.

The defendant deceivings victims as above.

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