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(영문) 춘천지방법원 2018.02.21 2017고단998
사기
Text

A defendant shall be punished by imprisonment for not more than ten months.

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

Reasons

Punishment of the crime

On February 20, 2017, the Defendant made a false statement to the victim C at the victim C’s residence located in Seopopo-si B, Seopo-si on February 20, 2017, stating, “The victim will complete construction works within 2-3 days from February 28, 2017 and complete construction works within 1.8 billion won as the material cost necessary for the construction of the first floor rail.”

However, the defendant only tried to appropriate the above money for the price demanded at another construction site, and did not have the intention or ability to normally execute the construction even if he received the payment from the injured party.

On February 25, 2017, the Defendant, by deceiving the victim, received KRW 1,50,000 from the damaged party, the money via the Suhyup account under the name of the Defendant, and acquired the money by deceiving KRW 1,80,000 by remitting KRW 300,000 to the same account around February 27, 2017.

"2017 Highest 1377"

1. Around July 30, 2013, the Defendant, against the victim D, made a false statement on the construction cost as the victim D would have the victim D perform a housing interior work.

However, if the defendant receives construction costs from the injured party, he did not have the intention or ability to properly perform the construction work only because he thought to use the existing debt repayment, living expenses, etc.

Nevertheless, on August 8, 2013, the Defendant received KRW 1,00,000 from the injured party to the corporate bank account (Account Number G) in the name of the Defendant, and received KRW 17,30,000 from the beginning of December 2013 as shown in the annexed crime list 1, from the beginning of December 2013.

2. On July 31, 2015, the Defendant: (a) on July 31, 2015, on the part of the Victim H, the Defendant changed the construction cost and made a false statement to the Victim H by setting the victim H at a low price for the roof and/or tech construction work; and (b) at a low price.

However, if the defendant receives construction costs from the injured party, he/she will only use the existing debt repayment, living expenses, etc., and will work properly.

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