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(영문) 청주지방법원 영동지원 2016.02.11 2015고단196
사기
Text

Defendant shall be punished by a fine of KRW 7,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The defendant is a person who operates D in the Chungcheong-gun C in the Chungcheong-gun C and engages in general construction business.

1. On April 10, 2010, the Defendant entered into a construction contract with the victim E to the F land in the above D office, and the Defendant would complete the above construction work until May 20, 2010 if the Defendant paid the construction cost of KRW 28,280,000 to the victim.

The phrase “ makes a false statement.”

However, at the time, the defendant had the purpose of using most part of the construction cost received from the injured party for personal purposes, and even if he received the payment from the injured party, he did not have the intent or ability to complete the construction work until May 20, 2010.

As above, the Defendant: (a) by deceiving the victim; (b) received KRW 8 million in cash on the same day from the victim; (c) received KRW 2 million on May 6, 2010; (d) KRW 5 million on June 7, 2010; and (e) transferred KRW 5 million on July 30, 2010 to one bank account (Account Number H) in the name of each Defendant G.

Accordingly, the defendant was given 20 million won to the injured party by deceiving the injured party.

2. On June 2010, the Defendant would pay KRW 3,300,00 as the construction cost on the face of a house at the site of the housing construction project located in the Yancheon-gun, Chungcheongnamcheon-gun, Chungcheongnam-do, in which the said victim had completed the construction of Do and floor at the site.

A false statement was made.

However, since the defendant had no property under the name of the defendant at the time and had a large amount of debt, which was economically difficult, there was no intention or ability to pay the construction cost even if the injured party completed the construction work.

As above, the Defendant: (a) by deceiving the victim; (b) caused the victim to perform construction works on the floor of double and reinforced floors equivalent to KRW 3.3 million for two days from that time; and (c) did not pay the construction cost of KRW 3.3 million; and (d) acquired pecuniary benefits equivalent to the same amount.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the suspect against the defendant;

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