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(영문) 수원지방법원 2018.11.13 2017고단8189
사기
Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

On February 2, 2017, the Defendant had the same attitude as the victim C who was planning to refrain from the building for the purpose, such as neighborhood living facilities, on the land as the owner of the building on the land in Seocho-si, Gyeonggi-do, and had a large number of experience in construction work, and the Defendant will undertake construction without any defect in the neighboring living facilities and storage that he/she intends to go to go to this place.

First of all, it is necessary to carry out civil engineering works, a basic construction work, which is a foundation construction work, and there is a difference in the cost of civil construction works.Finally, when this construction contract is concluded, it will be received after deducting the cost of civil construction works paid first from the cost of construction

“The phrase “ was false.”

However, the defendant did not retain the construction business registration certificate necessary for the execution of the above new construction project and did not borrow the name of the other company and the construction business registration certificate, and even if the construction work is carried out directly due to the lack of construction experience and the lack of financing, it would not have any circumstances to obtain a license from the company holding the construction business for the future. Furthermore, it was difficult for the defendant to complete the construction work even if he did not report the commencement of the construction work without designating the supervising person, and it was difficult to complete the construction work in the future, and there was no circumstance to complete the construction work in accordance with the design plan, such as installing a steel frame that does not comply with the design plan. Therefore, even if he received the construction payment, he did not have the intent or ability to construct the normally neighborhood living facilities within the agreed period.

Nevertheless, Defendant 1 received KRW 10 million from the injured party on February 9, 2017 from the said false statement to the financial account in the name of D as the contract price for the basic civil engineering works on February 9, 2017, as well as from that time to March 22, 2017, the sum of KRW 90,000,000, as shown in [Attachment Table 1 to 10 [Attachment Table 1] between March 22, 2017.

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