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(영문) 수원지방법원 성남지원 2018.09.21 2018고단318
사기
Text

A defendant shall be punished by imprisonment for one year.

The application for compensation of this case is dismissed.

Reasons

Punishment of the crime

In 2015, the Defendant would use the building on the land C and D at the time of Jeju owned by the victim at a place where it is not known that the light place is unknown.

When a detached house is built, it may be constructed with a low construction cost of 1.8 million won per square year.

around March 31, 2016, at Jeju-si, the victim and the building area (116 square meters) are 383.28 square meters (16 square meters), April 1, 2016, the scheduled date of completion, June 20, 2016, and “E-built construction contract for detached housing” with total construction cost of KRW 230 million.

However, the Defendant did not have experience in building a detached house, and it was impossible for the Defendant to complete a detached house of 116 square meters in the Jeju-do for a period of 3 months. The Defendant had no intention or ability to complete a detached house within 3 months as promised to use the money received from the injured party for construction costs in another construction site, payment of wages accrued at the relocation construction site, payment of overdue industrial accident insurance premiums, living costs, money for children living abroad, purchase of airline tickets, etc.

Nevertheless, on April 2, 2016, the Defendant had received KRW 50,000,00 in total from the G account (Account Number: H) in the name of F used by the Defendant from the victim by deceiving the victim as above, and received KRW 204,200,000 in total nine times from the above day to August 18, 2016 by the same method as shown in the list of crimes in the attached Table of crimes, from the above day to the day of August 2016.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Statement made by the prosecutor with respect to B;

1. Application of Acts and subordinate statutes governing construction site photographs;

1. Relevant Article 347 of the Criminal Act, the choice of punishment for the crime, Article 347 (1) of the Criminal Act, and the choice of imprisonment;

1. Sentencing Article 32(1)1 of the Act on Special Cases concerning the Promotion, etc. of Lawsuits to Dismiss Applications for Compensation Order (the applicant for compensation shall receive an application for compensation order on September 20, 2018 after the closing date of pleadings).

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