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(영문) 서울북부지방법원 2020.03.17 2017고단4704
사기등
Text

The criminal facts of the 2017 Highest 4704 case and the 2018 Highest 1354 case as stated in the judgment of the defendant.

Reasons

Punishment of the crime

[Criminal Power] On August 25, 2016, the Defendant was sentenced to six months of imprisonment for fraud, etc. at the Busan District Court. The same year

9.2. On February 19, 2017, the judgment became final and conclusive, and the enforcement of the sentence was terminated in the Jinju Prison.

【Criminal Facts】

"2017 Highest 4704"

1. On July 18, 2016, the Defendant made a phone call to the victim from the French land on the part of the victim on July 18, 2016, saying, “The eroke roof construction is being carried out during the Seopo-si C Construction in Seopo-si, Seopo-si, Jeju, which is in progress by the four, that KRW 5 million of the material cost for roof construction

However, on October 7, 2015, the Defendant was sentenced to imprisonment with prison labor for one year for fraud, etc. at the Busan District Court Branch Branch Branch of the Busan District Court, and was still in existence in the appellate court, and thus, there was a possibility of being detained in the court of appeal. As the amount of unpaid payment related to the above fraud, etc. exceeds KRW 89 million, the Defendant was required to repay and agree before the appellate court rendered the judgment. Moreover, if the amount of wages the employees did not pay exceeds KRW 11 million,00,000,000, the Defendant did not have the intent or ability to purchase the said materials and complete construction even if receiving the said materials from the victim.

The Defendant, by deceiving the victim as above, received KRW 5 million from the victim to the E account in the name of D under the name of materials cost for the same day.

Accordingly, the defendant was given property by deceiving the victim.

2. Around August 12, 2016, the Defendant: (a) around August 12, 2016, the victim G told-si, Seopo-si, Seopo-si, Seopo-si, said that “The victim would have a roof construction in the construction works for five houses; (b) the victim would first request 20,700,000 won as down payment and material expenses.”

However, on the grounds as stated in Paragraph 1, the Defendant purchased materials and constructed them even if he receives the said materials from the victim because the Defendant had a debt of 11 billion won or more at the time.

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