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(영문) 부산지방법원 2013.06.13 2013고정788
사기
Text

Defendant shall be punished by a fine of KRW 3,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

On June 12, 2012, the Defendant concluded that “The victim D would complete the construction of the fourth and fifth floor of the C building interrupted by the construction work, which changed the down payment to KRW 10 million, and the additional construction cost would be adjusted upon completion of the construction work.”

However, even if the defendant receives down payment, he did not have the intention or ability to complete the above construction.

As such, the Defendant, by deceiving the victim as such, received KRW 10 million from the victim as the contract deposit for the construction work at the seat and acquired it by fraud.

Summary of Evidence

1. Partial statement of the defendant;

1. Each police interrogation protocol of the accused and E;

1. The defendant and his defense counsel's assertion of each police statement of D against the defendant and his defense counsel asserted that although the defendant tried to carry out construction work according to the contract with the victim, E did not carry over the existing construction cost and did not carry over the construction work and did not carry out the construction work by interfering with the construction work. Since a significant portion of the construction cost received as the down payment was spent as the construction cost, they did not intend to

In light of the following circumstances acknowledged by the evidence duly adopted and examined: (a) the Defendant completed the construction of the first 1,2, and 3th floor of the instant building at the time when the construction contract for the 4,5th floor of the instant building was concluded with the victim; and (b) the 4,5th floor was left behind only the 1,2, and electrical construction; (c) the Defendant paid down payment to the victim and the remainder of the construction cost was opened after the completion of the construction; and (d) the Defendant suspended the construction on the ground that there was no construction cost for the remainder of the construction cost after the completion of the construction; and (e) the Defendant voluntarily stated that the Defendant used the remainder of the construction cost for the 10,000 won of the construction cost received by the victim as the construction cost (i.e., the 72th page of the investigation record).

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