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(영문) 춘천지방법원 2017.08.18 2016고단688
사기
Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for a period of two years from the conclusion of this judgment.

Reasons

Punishment of the crime

On January 13, 2017, the Defendant was sentenced to one year and six months of imprisonment for fraud at the Seoul Central District Court and three years of suspended execution, and the above judgment became final and conclusive on January 21, 2017.

In order to construct a studio building around September 2012, the Defendant purchased a site located in Sejong Special Self-Governing City C (hereinafter “the instant real estate”), and entered into a contract for the construction of a studio construction project with D (hereinafter “D”) around October 2012 and the 24th studio construction project (hereinafter “studio construction project”).

The Defendant suspended the studio construction of this case due to the lack of construction expenses around July 2013.

9. The studio construction site of this case, which is located in the real estate of this case, was conducted with a subcontract for electrical construction from D during the studio construction site of this case, and the victim E, who had continued to perform the construction with a bank loan after the completion of the studio construction work, was false.

However, in fact, the Defendant did not have the intent or ability to pay the price even if the said victim completes the construction work, as well as borrowing KRW 400 million from F in order to purchase the instant real estate, due to the debt of KRW 3.12 billion incurred in the construction process of the Gangnam-gu Seoul Metropolitan Government G Building.

The Defendant, from around that time to December 10, 2013, had the said victim continue to conduct electrical construction works at the market price of KRW 13,375,00,00 from that time, and did not pay the construction cost, thereby acquiring economic benefits equivalent to that amount.

In addition, the Defendant, as shown in the list of crimes in the annexed sheet, deceiving five victims, let them perform construction work equivalent to the market price of KRW 24,835,00 in each of the above methods, and did not pay the price, or received materials equivalent to the market price of KRW 19,193,50 in total, and acquired economic benefits or property equivalent to KRW 44,028,50 in each of the above methods.

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