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(영문) 춘천지방법원 강릉지원 2018.03.28 2017고단1349
사기
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

1. On October 2015, the Defendant against the victim C is to set the victim C from “Ewa Holdings” operated by the Defendant located in Gangnam-si, Gangnam-si, 200,000 won in total under the name of the construction cost, and to pay 100,000 won in the name of the contract deposit, simultaneously with the commencement of the construction work, and to make an interim settlement of 80% in the process during the construction period, and after the completion of the construction work, the remainder will be paid.

“A false statement” was made.

However, on December 23, 2011, the Defendant incurred a loan of KRW 2.3 billion from the repayment of principal and interest, and applied for auction against the said Securities Holdings from the Gangnam Agricultural Cooperative on October 1, 2014. Since around 2013, the Defendant failed to pay KRW 30 million of property tax due to the relationship that had not accrued any profit in the said Securities Holdings, and the Korea Asset Management Corporation applied for a public sale of the said Securities Holdings with respect to the said Securities Holdings, and the Defendant did not have any intent or ability to pay the construction price to the victim as agreed.

Nevertheless, as such, Defendant deceivings the victim as if it would be able to pay the construction cost in a normal manner by operating the trading hole as above, and caused the victim to undertake construction works for remodeling of ceiling and bricks equivalent to KRW 120,000,000 from October 17, 2015 to December 1, 2015, and acquired the same pecuniary benefits.

2. On October 1, 2015, the criminal defendant against the victim F would pay the victim F the amount as determined by the completion of the construction work, at the location described in paragraph 1, at around October 1, 2015.

“A false statement” was made.

However, in fact, the defendant did not have a situation where he could normally operate the said wa trading hole as the reasons stated in paragraph 1, and the contract price was agreed upon by the victim.

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