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(영문) 대구지방법원 2019.09.05 2018고단497
사기
Text

A defendant shall be punished by imprisonment for one year.

All applications for compensation order filed by an applicant for compensation shall be dismissed.

Reasons

Punishment of the crime

1. Highest 2018 highest 497

A. The Defendant related to the car page remodeling work is a person who was awarded a contract for a total of KRW 163 million for a remodeling work in E at the time of resident stay from August 2, 2016.

On October 14, 2016, the Defendant concluded a contract for the Changho Construction Work with the victim F, stating that “The construction cost shall be paid upon receipt of the construction cost from the owner as the completion of the construction work,” and that “The construction cost shall be paid at KRW 13 million.”

However, the Defendant did not remain the construction cost to be received any more from the owner due to the failure to complete the construction in full after receiving the total construction cost of KRW 163 million from the owner of the building in cash, and the Defendant did not have any intent or ability to pay the construction cost even if the Defendant completes the construction work without any particular property, due to the circumstance that the Defendant did not pay interest equivalent to KRW 40,000 due to the Defendant’s relocation project.

The Defendant, by deceiving the victim as above, was provided with the creative care work equivalent to KRW 13 million from the victim and acquired pecuniary benefits equivalent to the said amount.

B. On November 17, 2016, the Defendant entered into an agreement with the victim F to perform the Changho Construction Work by stating that “The 130 million won of the new construction of electric power resource housing located in G in the commercial city is being awarded a contract with the victim F for the construction of electric power resource housing located in G in the commercial city. In this context, the Defendant would pay all the cost of the Kau Ho Ho Construction Work that was not paid prior to the dismissal of the Jeju Island, and agreed that the 27 million won of the construction cost will be paid.”

However, the Defendant was unable to pay all the construction cost and materials even after receiving all the construction cost in the aforementioned remodeling construction work, and the fact that the former house construction cost was paid in cash and used all the other construction cost, which led to the victim’s failure to do so.

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