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(영문) 인천지방법원 2019.11.28 2019고단1360
사기
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On June 11, 2018, the Defendant agreed to receive KRW 20 million from June 11, 2018, intermediate payment of KRW 15 million on June 30, 2018, and KRW 6 million from July 21, 2018, and agreed to receive KRW 44 million from June 11, 2018 to July 21, 2018.

However, as it is not good credit, it has been operated in his name and repeated payment of wages for several years. At the time of the instant case, the Defendant was in the state of being urged to delay the wages of the members working at other construction sites. At the same time, in the situation where the monthly warehouse construction was closely carried out for 16 months, the Defendant was scheduled to use it as construction expenses in the daily life cost, the daily life cost, the monthly overdue wage, the overdue wage, and other construction sites from the victim while carrying out the construction at the same time, and thus, there was no intention or ability to carry out the artificial construction as stipulated in the contract even if he received the down payment, etc.

Therefore, the Defendant, by deceiving the victim as above, received KRW 3 million from the victim on June 12, 2018, the sum of KRW 20 million with the same account on June 14, 2018, KRW 3 million with the same account on July 2, 2018, KRW 5 million with the same account on July 6, 2018, KRW 5 million with the same account on July 6, 2018, and KRW 7 million with the same account on July 11, 2018.

Summary of Evidence

1. Examination protocol of the accused by prosecution;

1. Grade D of the police interrogation protocol against the defendant

1. A complaint;

1. Each investigation report (G’s telephone statement, phone statement of “H” by electric installation operator, partitions installer’s telephone statement, I’s telephone statement, summary order attachment report, attachment report of the complainant’s data, submission of the submission of the submission of the materials to the complainant, and hearing report, such as interior work operator, etc.).

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