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(영문) 인천지방법원 2018.11.22 2017고단8318
사기
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

Reasons

Punishment of the crime

Defendant 1: (a) on August 18, 2016, at the office of the victim C’s operation located in Singu-si on the part of Singu-si, 2017, Defendant 2 increased the construction cost of a new factory of 150 square meters on October 6, 2016 to KRW 430 million on October 6, 2016, with the victim’s construction cost of KRW 779 square meters on the part of Singu-si, Singu-si, the victim owned by Singu-si.

After concluding a contract, the sum of KRW 26 million, KRW 17 million on the same day, KRW 6 million on October 6, 2016, KRW 270 million on October 27, 2016, KRW 100 million on November 11, 2016, KRW 200 million on January 26, 2017, and KRW 165 million on January 26, 201, was remitted to E account in the name of the defendant.

However, “G” at the time when the Defendant had operated a construction business company was unable to construct a factory building agreed with the victim normally due to the absence of a comprehensive construction license, and even if the Defendant received the above construction cost from the injured party, he/she would be able to use it as one of his/her criminal case agreements or labor cost, material cost, etc. in other construction sites.

Accordingly, the defendant, by deceiving the victim, acquired the property of KRW 165 million.

"2018 Highest 7185"

1. On September 11, 2017, the Defendant of the fraud related to the construction site at Ansan-si: (a) the victim I’s employees J and the construction site at the above construction site, and (b) the sn beam of the building H beam of the building, the board, and the windows construction work at the building site at the victim I’s employees J and the above construction site, will win the construction site at KRW 55 million.

After entering into a contract, the amount of KRW 55 million was transferred to the L bank account (M) in the name of K designated by the defendant on the 26th day of the same month.

However, even if the defendant receives the construction cost from the injured party, he/she did not have the intent or ability to normally continue the construction work even if he/she receives the construction cost from the injured party due to the idea of using it as material cost, unpaid labor cost, personal living cost, etc.

Nevertheless, the defendant acquired money from the injured party by transfer of KRW 55 million as above.

2. On November 11, 2017, the Defendant related to the fraud at the construction site at Gyeyang-si.

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