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(영문) 창원지방법원 진주지원 2019.01.09 2018고단460
사기등
Text

A defendant shall be punished by imprisonment for four months.

The defendant 4,800,000 won and 1,200,000 won to D who is an applicant for compensation.

Reasons

Punishment of the crime

1. Fraud;

A. On September 19, 2017, the Defendant entered into a contract for construction works with the victim G at the L Co., Ltd. office located in K at J at J at J, Seoul, stating that “The Defendant would occupy a house at KRW 114 million on the land located in the Hadong-gun M, Hadong-gun, the victim owned by the victim, from September 20, 2017 to December 15, 2017,” and entered into a “standard contract for construction works” with the victim.

However, in fact, the Defendant had never owned approximately KRW 39 million at the time, but did not have any property owned. The Defendant received KRW 44 million on September 20, 2017, and KRW 20 million on October 18, 2017 as the construction cost, and used approximately KRW 40 million on other construction sites or in repayment of obligations. Accordingly, even if the Defendant received the payment of the construction cost from the victim, he/she did not have any intent or ability to execute the housing construction.

Nevertheless, the Defendant deceivings the victim as above, and, as such, acquired the total amount of KRW 30 million from the victim to the Obank account (Account Number P) in the name of the Defendant’s mother on November 18, 2017, and acquired the total amount of KRW 15 million on November 25, 2017.

B. The Defendant did not have any property owned at the time, but used 50 million won out of the construction cost received from the owner of the said Housing Corporation in a place unrelated to the said Housing Corporation, such as repayment of personal debt, etc., so even if workers such as trees do work, they did not have any intent or ability to pay wages.

1. On October 2017, the Defendant stated that “The Defendant would pay wages to Q Q at the site of a housing construction project located in Gyeong-dong, Hamnam-gun, Hannam-gun, after the completion of a treeing day at the site of the construction of the construction of the housing and the completion of a treeing day,” and that the Defendant would have the victim work as a tree number from October 15, 2017 to November 20, 2017, even though the Defendant had the victim work as a tree number at the site of the instant housing construction work, the Defendant did not pay two million won of the said wage and did not pay the same amount.

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