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(영문) 부산지방법원 2020.06.24 2019고단4236
사기
Text

A defendant shall be punished by imprisonment for a term of one year and eight 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. Fraud against the victim B - On July 16, 2018, the Defendant involved in the new construction of the Chys Association stated to the effect that “The construction cost will be newly built at a low price for the building of the Dhys Association” to the victim B at the office of the Chys Association located in Kim Yong-Nam Kim Jong-Nam, and that “The construction cost shall be KRW 3,180,000,000, and the additional tax may be reduced if the contract is divided into two contracts. Of the construction cost, KRW 1,640,00,000 among the construction cost, the remainder of KRW 1,540,000,000 shall be prepared under the name of the individual in the name of the company E, and the construction will begin if ten percent of the construction cost is paid as down

However, even if the defendant received approximately KRW 600,000,000 from the victim as the price for construction work in a cumulative state, such as ordering a large number of church construction works from the victim from around 2017 at a price lower than the actual cost for the construction work and failing to pay the price for the subordinate companies, he/she is thought to use it as the price for the construction work in another construction site, and there was no intention or ability to new construction of church for the victim.

On July 18, 2018, the Defendant, by deceiving the victim as above, received KRW 164,00,000 from the Defendant’s Nong Bank account under the name of the Defendant as the contract deposit for construction works, and KRW 154,00,000 from the Plaintiff’s G account under the name of the NH Bank under the name of the Defendant, respectively.

As such, the Defendant was given property by deceiving the victim.

2. Fraud against the victim H - On August 6, 2018, the Defendant involved in the new construction of the ISIS stated to the effect that “The construction of the church building at a low price is to be made. The total construction cost is KRW 1,320,000,000, and the additional tax may be reduced if the contract is divided. Of the construction cost, KRW 660,000,000, out of the construction cost, an individual’s name, the remainder of KRW 660,000,000, and the remainder of KRW 6660,000,000,000, will begin with the construction work upon preparing two copies under the name of the Co., Ltd. E and paying 10% of the construction cost as a down payment.”

(b).

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