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(영문) 창원지방법원 통영지원 2014.08.13 2013고단1040
사기
Text

A defendant shall be punished by imprisonment for one year.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant, as an actual operator of D, a corporation located in Gyeongnam-si, Gyeongnam-si, was a person who executed a new construction work, such as two multi-family housing, one multi-family housing, one multi-family housing, and one bond of the second floor general housing, from October 2009 to June 2012, 209.

1. Around February 8, 2011, the Defendant made a false statement to the victim H that “If the construction work is completed, two households of the completed F will be paid as substitutes for the construction cost” in relation to the construction work of the said F collective housing at the said D office.

However, even though the cost of new construction of the above apartment house and multi-family house was anticipated to be approximately KRW 2.12 million including the cost of the purchase of the site, the defendant was merely a debt worth KRW 50 million at the time, and was not a bad credit holder with no positive property. D also did not have any other funds than KRW 100 million. Accordingly, the defendant borrowed KRW 220 million from I (the victim of the crime under paragraph (3)) around July 2010 from the above building site of the above building site around July 201, and the down payment was prepared by adding the above building site and the newly constructed building as collateral, and thus the victim did not have any intent or ability to pay the construction price to the victim in cash, even if the victim implemented the above creative construction.

As above, the Defendant: (a) by deceiving the victim; (b) had the victim implement the said collective housing construction work from February 2, 201 to August 201, 201; and (c) did not pay approximately KRW 267,400,000 to the victim for the payment of the cost of creative construction; and (d) acquired pecuniary benefits equivalent to the said amount.

2. On February 2010, the Defendant against the victim J is immediately liable to complete the victim J with respect to the said F and G studio and the new construction of general housing.

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