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(영문) 창원지방법원 2017.02.08 2016고단3675
사기
Text

A defendant shall be punished by imprisonment for two years.

Reasons

Punishment of the crime

On August 27, 2013, the Defendant was sentenced to two years of imprisonment for fraud, etc. in the Busan District Court's Dong branch branch branch, and the execution of the sentence was terminated on January 25, 2015 in the Busan District Court's Busan District Court's Dong branch.

"2016 Highest 3675"

1. The Defendant against the victim C is a person who had been operating the “E” construction office from March 2015 to Kimhae-si since his release from the Busan detention center as above.

On September 24, 2015, the Defendant, at around 23:20 on September 24, 2015, told the victim C of the F Apartment 310 Dong 1602, “I will have the victim C perform the test work on the second floor general housing in G in the Jeju-si Kimhae-si.”

However, as seen above, the Defendant had no intention or ability to execute the above construction work for the victim, even if he received the construction payment from the injured party due to the accumulated debt amounting to KRW 150 million due to unreasonable low-price in operating E, and even if he received the construction payment from the injured party, he did not think that he would use it as the expenses for the interior construction work.

Nevertheless, the Defendant: (a) by deceiving the victim and deceiving the victim as above; (b) obtained KRW 40 million from the victim to the Agricultural Cooperative Account under the name of the Defendant for the construction cost around September 24, 2015; and (c) obtained KRW 3 million in the name of additional construction cost around November 20, 2015 from each transfer to the Agricultural Cooperative Account under the name of the Defendant, and acquired KRW 43 million in total.

2. On October 28, 2015, the criminal defendant against the victim I told the victim I of the aforementioned E E E E construction office that “I would construct a second-story house at the J of Kimhae-si, Kim Jong-si.”

However, the defendant did not have the intention or ability to execute the construction even if he received the construction payment from the injured party due to the obligation such as Paragraph 1.

As such, the Defendant, by deceiving the victim and deceiving the victim, is under the name of the Defendant from the victim, KRW 10 million as a down payment around October 28, 2015, and KRW 32 million as a down payment around November 2, 2015.

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