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A defendant shall be punished by imprisonment for two years.
Reasons
Punishment of the crime
[criminal power] On February 15, 2013, the Defendant was sentenced to four months of imprisonment for fraud at the Incheon District Court, and completed the enforcement of the sentence at the Incheon Detention Center on November 10, 2013.
[2017 Highest 522]
1. 피해자 B에 대한 사기 피고인은 2016. 5. 24.경 서울 성북구 C에서 빌라 1동 신축공사를 진행하면서 위 현장을 찾아온 피해자 B에게 “현장에 샷시와 유리를 납품해주면 계약금 500만 원을 지급하고, 잔금은 준공일자인 2016. 6. 20.까지 지급해주겠다.”고 말하였다.
However, at the time, the Defendant, while carrying out construction without any funds necessary for the progress of the construction, was liable for the amount equivalent to KRW 380 million to financial institutions, and for the bond company’s debt amounting to KRW 680 million to KRW 680 million to the financial institutions, and there was a circumstance that it is difficult for the Defendant to pay the above material price to the victim when the material price and personnel expenses that were not paid while carrying out the construction were already 150 million, and there was no intention or ability to pay the material price to the victim until the date the Defendant promised to pay the material price to the victim.
Nevertheless, the Defendant, by deceiving the victim as above, entered into a supply contract of KRW 31.5 million between the victim and the victim, and paid the down payment of KRW 5 million among them, and acquired it by being supplied with new and favorable materials equivalent to KRW 31.5 million from the victim around that time.
[2018 Highest 501]
2. On January 2016, the Defendant against the Victim D Co., Ltd.: (a) at the victim D Co., Ltd. (hereinafter “victim Co., Ltd.”) office located under the building E No. f in Bupyeong-si, Seocheon-si (hereinafter “victim Co., Ltd.”); (b) “In the Republic of Korea, the victim Co., Ltd., demolished the building on the H land located near Seongbuk-gu Seoul Metropolitan Government Land Co., Ltd., which is currently being constructed, and if the sales business is conducted by constructing eight units on the job,