(영문) 청주지방법원 2018.10.25 2017고단2251

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(영문) 청주지방법원 2018.10.25 2017고단2251

사기

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A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

[2017 Highest 2251]

1. On March 24, 2017, the criminal defendant against the victim B made a false statement to the effect that “The victim would continue construction work if he/she first pays 30 million won as construction contract deposit to the victim for the first time,” at the D office located in the Cheongju-si Office in the Cheongju-si Office C, which is located in the Cheongju-si Office C.

However, even if the Defendant received the down payment from the injured party, he was thought to use it as personnel expenses, construction expenses, personal debt repayment, etc. in other construction sites. At the time, the Defendant did not have any intention or ability to normally perform construction work, such as there was no specific property, except for the Defendant with a debt equivalent to approximately KRW 34 million.

Nevertheless, the Defendant: (a) by deceiving the victim as above, entered into a contract with the victim to enter into the contract with the amount of construction cost of KRW 66 million; (b) 25 million from the G account in the name of F (H) on March 24, 2017 as the contract deposit for construction; and (c) 5 million won from the I Bank Account in the name of the Defendant on March 31, 2017 to the I Bank Account (J) in the name of the Defendant.

2. On February 2017, the Defendant, against the Victim K, tried to proceed with “the construction of green and detached houses” in the Cheongju-si Petition E in a coffee shop where it is impossible to find out the trade name in the Jincheon-gun, Chungcheongnam-gun, Chungcheongnam-do.

First of all, it was false to the effect that the construction project will be carried out, “The construction cost will be received from the owner and paid immediately.”

However, even if the Defendant received the contract deposit from the owner B as above, it was thought that it would be used for personnel expenses, construction expenses, personal debt repayment, etc. in other construction sites, and there was no intention or ability to pay the contract payment even if the injured party performs the said new construction works, such as there was no property.

Nevertheless, the defendant deceivings the victim as above.

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