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(영문) 제주지방법원 2015.11.18 2014고단1237
사기등
Text

Fraud against Defendant C, larceny against D on March 8, 2013, larceny of March 14, 2013, larceny of March 14, 2013, and April 1, 2013.

Reasons

Punishment of the crime

On December 11, 2013, the Defendant was sentenced to a two-year suspended sentence of imprisonment with prison labor for fraud, etc. at the Jeju District Court on December 19, 2013, and the judgment became final and conclusive on December 19, 2013.

On October 2013, the Defendant agreed to receive KRW 59,50,000,00 as the construction cost instead of performing framed construction works, such as large-scale assembly, dismantling, and concrete dismantling for the two new buildings, from the previous owner G, to the victim C who received two new buildings from the previous owner G, to the end of December 2013, the Defendant agreed to receive a total of KRW 59,50,00 as the construction cost.

However, given that the Defendant had been in arrears with personnel expenses of many other construction sites where the Defendant had been in progress at the time, the Defendant thought that part of the construction cost to be paid by the Defendant would have been used in paying other construction site personnel expenses or personal debt repayment, etc. In addition, given that there was no other property owned by the Defendant, and it was difficult to re-contribute the exclusive construction cost. Since most of the materials necessary for construction were to be leased and used, the Defendant did not have any intent or ability to complete the construction work by comprehensively paying the labor expenses of those parts who have procured materials or invested in construction as agreed with the victim, even if the payment for construction cost was made by the victim, and as such, there was no intention or ability to complete the construction work by comprehensively paying the labor expenses of those parts who have been incurred in the construction.

Ultimately, the Defendant, by deceiving the victim as above, received KRW 22 million in total from the victim, under the pretext of construction cost, such as personnel expenses, etc.

On December 11, 2013, the defendant of "2014 Highest 1419" is punished by imprisonment with prison labor for one year at the Jeju District Court for fraud, etc.

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