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(영문) 대구지방법원 2020.09.17 2019고단6371
사기
Text

A defendant shall be punished by imprisonment for not less than eight months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant is a person who operates a human test company with the trade name of “C” from B 6th in Chungcheongnam-si, Chungcheongnam-si.

On October 12, 2017, the Defendant knew in advance that all prospective occupants of the foregoing electric power plant visit to conduct a prior inspection of occupancy, and told the victim F to “I would like to disclose to the public about two months as a house with a house to be occupied, and if I wished to do so, I would like to 25 million won per half of the value of the interior work with a house to be occupied, which is about 50 million won,” by approaching the victim F.

However, considering the cost of materials for interior works, etc., it was not possible to perform interior works in the half value as above. Even if the Defendant received construction payment from the victim, it was thought that it was used at another construction site or used for personal purposes, so there was no intention or ability to perform interior works normally by the victim.

Around October 13, 2017, the Defendant, by deceiving the victim as above, received KRW 23 million from the victim to the Agricultural Cooperative account under the name of the Defendant, under the name of the Defendant, from the victim, and received KRW 23 million, and received KRW 18 million in total from four victims on four occasions, such as the list of crimes in the attached Form.

Summary of Evidence

Witness

G and each legal statement of H

1. A protocol concerning the suspect examination of the accused;

1. Statement of each police statement to I and J;

1. Each construction contract, each certificate of confirmation, and each photographic data of written confirmation;

1. The Defendant asserts that the Defendant had the intention or ability to carry out the construction since the instant test contract had been actually carried out the artificial test, and the K in charge of internal test was unable to complete the artificial test construction due to its failure to properly carry out the construction, and that there was an intention or ability to carry out the construction.

The deception as a requirement for fraud shall be in good faith and sincerity to observe each other in the wide range of transactional relationship.

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