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(영문) 대구지방법원 2016.11.24 2015고단4774
사기
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

【Criminal Force】 On February 6, 2014, the Defendant was sentenced to imprisonment with labor for a violation of the Punishment of Violences, etc. Act (a collective crime, a deadly weapon, etc.) at the port support of the Daegu District Court, for six months, and the said judgment became final and conclusive on February 14, 2014.

【Criminal Facts】 2015 Highest 4774】

1. On August 8, 2010, the Defendant was guilty of the cost of work for remodeling the AO office in the Nam-gu AM at the port, Nam-gu, AM, and the victim R at the construction site for remodeling the AO in the south-gu, Southern-gu, Ma in order to pay the cost after completing the AO remodeling work in the form of a subcontract to the victim R.

However, the defendant, with bad credit, has reached 350 million won only for bank obligations, and the victim has no intention or ability to pay the construction cost even if he/she implements the remodeling project in the state that other subcontractors are urged to pay the construction cost.

As above, the Defendant deceivings the victim as above, and caused the victim to do so, and up to September 17, 2010, the Defendant shall be on-site inspection of KRW 10,130,000 for the construction cost from August 21, 2010 to September 17, 2010.

(3) According to the entry of promissory notes and a statement of transactions (No. 21,22) paid as construction cost related to AO construction and AO construction work, it is recognized that construction cost of KRW 10,131,438 in total has been invested as labor cost and expenses in connection with the said construction work.

Considering the remodeling of the above AO office, a considerable amount of the AO office had acquired property benefits equivalent to the same amount.

2. On November 201, 201, the Defendant entered into a false statement that “The Defendant would make payment by adding up the amount that had been already paid after the completion of the construction on the face of the site to the 8th floor new construction works for the 8th floor neighborhood living facilities located in the Daegu Suwon-gu AP at the site of the construction works for the 8th floor neighborhood living facilities located in the Daegu Suwon-gu AP, Daegu-gu, to the said victim at the site of the construction of the 8th floor neighborhood living facilities.”

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