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(영문) 제주지방법원 2016.06.29 2016고단578
사기
Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

On September 2, 2015, the defendant was sentenced to a suspended sentence of three years for a violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) at the Gwangju High Court ( Jeju High Court) on September 2, 2015, and the judgment became final and conclusive on September 10, 2015.

The victim C and D came to know that the construction of the apartment house was suspended due to the default of comprehensive construction (ju) search in the construction of the construction of the building site and the apartment house in the E and the building of the apartment house in the case of the victim's Jeju-si. The victim C and D became aware of the introduction of the defendant around April 2014 to solve the problem and construct the apartment house in the construction site by exercising the lien on the ground of the non-payment of the construction cost in the construction site from the construction site (ju) the subcontractor of the comprehensive construction of the (ju) search.

At around July 2, 2014, the Defendant, even though the Defendant received KRW 200 million from the victims for the purpose of solving the lien problem and building cost of tenement houses, he did not have any intent or ability to resolve the exercise of lien, or to secure the construction cost necessary for housing design and apartment houses construction, building permit, etc., and even if he thought that he was to use the above KRW 200 million for the Defendant’s company’s operating expenses and personal living expenses, he would like to cover the problem of lien to the victims, secure the construction cost necessary for the construction of tenement houses, and complete the problem of design and building permit.

“The phrase “ was false.”

Accordingly, the Defendant received a total of KRW 200 million from the victim C on July 2, 2014 and KRW 100 million on July 9, 2014 from the victim D under the same name as the project cost for building a tenement house from the victim C, and acquired it by defrauded.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made with respect to D, C, and F;

1. Investigation report (to hear statements filed by complainants D);

1. A written contract for a joint project, a contract for work, an agreement, and a certificate of all registered matters;

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