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(영문) 광주지방법원 2017.09.26 2017고단2915
사기등
Text

A defendant shall be punished by imprisonment with prison labor for four months.

except that the execution of a sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Criminal facts

1. Fraud;

A. On September 2016, the Defendant stated that “The Defendant changed KRW 1 million as a construction cost to reduce the electricity and water supply construction work while entering the house located in Gwangju Northern-gu C” to the victim B in the beginning of September 2016.

However, in fact, the defendant was planned to enter the above house to draw and use nearby agricultural electricity or other people's water supply while living together, and even if the defendant had no experience in electricity and water supply construction and received one million won from the injured party, he did not have the intention or ability to construct electricity and water supply in the house.

The Defendant received KRW 1 million from the injured party as the name of the construction cost through D.

B. On October 2016, the Defendant stated that “The Defendant would offer a space where 1.5 million won can be funeraled at a festival on the face of the week” to the victim in the F multilateral bank located in Gwangju Dong-gu, Gwangju.

However, in fact, the defendant is running the event project and did not have a will or ability to create a funeral space in the festival.

The Defendant received 1.5 million won from the injured party.

2. In accordance with the agreement, around September 2016, the Defendant refused to comply with the request for eviction from the injured party who had received the keys of the Plaintiff-owned Gwangju Northernbuk-gu C Ground Housing owned by the victim D and did not proceed with construction work under the agreement, and was asked to leave the housing around November 2016, the Defendant did not comply with the request without justifiable grounds, even though he received the keys of the victim-owned Gwangju Northern-gu C Ground Housing from the victim and became aware of it.

3. On September 2016, the Defendant damaged the property by burning out the goods equivalent to KRW 130,000, totaling to KRW 130,000,000, in total, of KRW 30,000 owned by the victim and owned by the victim, while residing in the house specified in paragraph 2, around 30,000.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Statement made by the police against B;

1. Application of Acts and subordinate statutes to the investigation report;

1. Criminal facts;

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