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(영문) 수원지방법원 안산지원 2013.11.28 2012고단1982
사기
Text

A defendant shall be punished by imprisonment for a term of one year and four months.

Reasons

Punishment of the crime

Around January 2012, the Defendant stated that “Around January 2012, 2012, the Defendant would pay the cost of the steel immediately after the delivery of the steel bars to the victim E at the office operated by the Defendant in Seongbuk-gu Seoul Special Metropolitan City D Building 203, and that “I would pay the cost of the steel immediately after the completion of the construction work. I would like to know that the construction owner at the construction site completed the construction work, and supply the steel and demand the delivery of the steel bars.”

However, the Defendant had a company obligation of 4-50 million won at the time and had difficulty in operating the construction business, and thus, the Defendant did not have any intent or ability to pay the price even if he received the delivery of the said price from the victim.

The Defendant was delivered by the victim a total sum of 84 million won from January 30, 2012 to March 22, 2012.

"2013 Highest 971"

1. On September 11, 2012, the Defendant was notified of a summary order of a fine of three million won for fraud in the Suwon District Court’s Ansan Branch.

2. Criminal facts are those who have engaged in a construction business under the trade name of "F".

On December 26, 2011, the Defendant concluded a construction contract with the victim G and the victim’s “three-storys of the H building in Seongbuk-gu, Sungnam-si, and one-story residential housing (a total floor area of 459.81 square meters)” as “ around December 2011,” “150 days from the commencement date of works,” “50 days from the completion date of works,” and “510 million won” of the construction contract amount,” and continued construction from around that time to June 5, 2012. In line with this, the Defendant received payment from the victim of the said money from January 5, 2012 to June 5, 2012.

On June 2012, the Defendant stated that “The Haak Construction is completed at the stage of the completion of the structural works, in the future, it is necessary to give orders to the subcontractor for construction works, the construction cost of KRW 100,00,00,000,00,000,000,000,000,000,000.”

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