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(영문) 수원지방법원 성남지원 2019.06.27 2017고단3565
사기
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

The defendant is a person who operates B, a construction company, B.

On September 27, 2016, the Defendant concluded a contract for the construction of multi-family houses and neighborhood living facilities on two lots, including the victim E, F, and Gwangju City, G in the comprehensive construction work office of the Gyeonggi-si, and concluded a contract for the construction of multi-family houses and neighborhood living facilities on two lots, and concluded a false contract with the victims on December 15, 2016, the Defendant would complete all construction works necessary for occupancy by providing the victims with a total of KRW 520 million construction cost by December 15, 2016.

However, in fact, the Defendant did not have an intention or ability to normally proceed with the work until the date the victims promised to pay the construction cost even if the Defendant did not receive the construction cost even at another construction site, and the Defendant did not have an intention or ability to normally proceed with the work until the date the victims promised to do so.

As such, the Defendant, by deceiving the victims and deceiving them from the victims to the H bank account under the name of the H bank, on September 27, 2016; KRW 10 million on October 1, 2016; KRW 70 million on October 28, 2016; KRW 50 million on October 24, 2016; KRW 50 million on October 24, 2016; KRW 20 million on October 24, 2016; KRW 50 million on November 4, 2016; and KRW 50 million on November 4, 2016; and KRW 10 million on November 1, 2016; and acquired them by deception by means of payment for construction work.

Summary of Evidence

1. Partial statement of the defendant;

1. Partial statement of the suspect interrogation protocol of the accused by the prosecution;

1. The police statement of E and F;

1. The criminal intent of defraudation, which is a subjective constituent element of fraud, of a standard contract for private construction works, a transfer certificate, a complaint related to wages, and a statement of entry into and departure from an account, shall be objective circumstances such as the financial history, environment of the defendant before and after the crime, the details of the crime, and the process of the execution of transactions

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