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(영문) 창원지방법원 마산지원 2016.05.18 2015고단918
사기
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

[2015 Highest 918] On March 23, 2011, the Defendant received construction cost of KRW 85,100,000 won in total, including KRW 10 million on the same day, around March 24, 2011, around June 29, 201, around KRW 10,000,000, around July 7, 201, and KRW 7 million on July 22, 201.

The defendant, who started the above construction and came to know about about 20 days after the completion of the construction, stated that the construction owner had no intention or ability to pay the construction cost even if the construction cost was entered into a subcontract with respect to the above construction work, and the construction owner stated such circumstances, but the construction owner cannot pay more than the construction cost under the contract. The construction cost received from the construction owner had no ability to raise funds by the defendant due to bad credit holders.

From May 7, 201, the Defendant established a subcontract to pay KRW 41,60,000,000,000,000,000,000 for advance payment of KRW 15,000,000,000 to the victim G at the same construction site, and around that time, the Defendant made a subcontract to pay KRW 15,00,000,000,00 in total, including advance payment and 1,60,000,000,000,000,000,000,000,000,000,000, in order to have the victim start the construction work.

The Defendant deceiving the victim as above, and then, the victim got the victim from May 201 to July 201, 201, by having the victim complete the installation work of the steel bars and the panel, including the additional construction cost of KRW 3 million, thereby acquiring the pecuniary profits equivalent to KRW 26.6 million for the remainder of the construction work.

[2015 Highest 1027]

1. The Defendant’s fraud related to a secondhand car on June 2014.

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