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(영문) 전주지방법원 2016.07.12 2015고단1665
사기
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

1. On March 8, 2015, the criminal defendant against the victim C entered into a contract for the human park construction project on the first floor of Yongsan-gu Seoul Metropolitan Government D Housing owned by the victim with the victim at an insular location (the age of 38) and the victim, stating that “The victim would complete the human park construction project during the contract period (the period of construction on March 16, 2015 to April 14, 2015) upon giving priority to the payment of KRW 8,040,000 equivalent to 60% of the construction amount as the down payment to the victim.”

However, the Defendant commenced the construction work from the beginning when it was unable to secure funds necessary for the interior work.

In spite of the receipt of the Twit construction cost, the interior work cost is required to be paid, and it is difficult to pay personal debt such as financial rights, etc., and even if it is paid the down payment from the injured party, there was no intention or ability to continue the interior work as agreed upon, even if it is paid by the injured party.

On March 11, 2015, the Defendant, by deceiving the victim, received 8,040,000 won from the Korean bank account (Account Number E) of the name of the Defendant under the pretext of down payment from the victim.

2. On April 9, 2015, the Defendant entered into a contract for the interior housing construction of Yongsan-gu Seoul Metropolitan Government, Yongsan-gu, Seoul, on the part of the victim F (FF) at an influence site, stating that “The Defendant would complete the interior construction work in order to preferentially pay KRW 28,000,000 as the down payment out of the construction amount of KRW 70,000,000 (from April 9, 2015 to May 20, 2015)” to the victim.

However, the Defendant commenced the construction work from the beginning when it was unable to secure funds necessary for the interior work.

In spite of the receipt of the Twit construction cost, the interior work is required to be paid, and it is difficult to pay personal obligations such as financial rights obligations, and even if it is paid the down payment from the injured party, it will proceed with the interior work as agreed.

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