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(영문) 창원지방법원 2019.06.19 2019고정266
사기
Text

Defendant shall be punished by a fine of KRW 3,000,000.

However, the above sentence shall be executed for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

Defendant

A is a construction contractor who requested the victim B to perform the human test work.

1. On Dec. 2, 2017, the Defendant called the victim to the early police officer, and expressed to the effect that “I wish to complete the completion inspection upon completion of the housing construction work, and to receive a loan as security,” that “I have a second-story house that I would live in the Seocho-gu, Changwon-si C, Jinwon-si, and that I would have a second-story house that I would live in the new house.”

However, the Defendant borrowed KRW 50 million from the land owner due to lack of economic capacity when purchasing the above site at the construction site, and borrowed KRW 100-3 million from the three to four other persons. The amount borrowed from the bonds company was 100-3 million, and even if the bonds were borrowed from the bonds company as collateral after the completion of construction, it is urgently needed to repay its existing debt even if the bonds were borrowed as collateral. The Defendant did not have any intent or ability to pay the construction cost normally even if the Defendant requested the construction of the Haan-gun D Housing Corporation, which is another construction site at the construction site at the time.

As such, the Defendant, by deceiving the victim, had the victim complete the construction of the worship and floor, and did not pay 5,013,000 won to the victim, thereby acquiring the same amount of pecuniary benefits.

2. Around February 22, 2018, the Defendant called the victim by telephone, stating to the effect that “The Defendant would pay the price in lump sum with the cost of the construction work that was unpaid prior to the dismissal of the construction work,” and the construction cost would be paid upon the completion of the construction work.”

However, even if the construction cost is paid by the owner, the defendant will pay the owner's existing debt, and he will pay the construction cost at the work site at the work site at the time of another construction site.

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