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(영문) 청주지방법원 2020.02.20 2019고단975
사기
Text

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

Reasons

Punishment of the crime

1. On January 24, 2018, the Defendant: (a) requested the victim to construct a new 49 square-story warehouse at the E 250 square-story site from the victim’s office operated by the victim C on the following grounds: (b) concluded a construction contract with the victim to the effect that “the construction of a 49 square-story warehouse is included in the 250 square-story site; (c) the completion of construction on January 25, 2018; (d) the completion of construction; (d) the construction cost of construction; (e) the construction cost of construction; (e) the victim directly manages the site; (e) the contractor (the Defendant); (e) the cost of materials is directly settled by the victim; and (e) the amount of

However, the Defendant did not receive approximately KRW 80,000,000 for the cost related to the site of the medical care center located in F from the summer in 2017, and the Defendant did not have any intent or ability to complete the construction work properly even if he did not receive the construction cost due to the damage of approximately KRW 30,00,000 due to the G construction defect, and approximately KRW 25,000,000,000 due to the defect of the said coal capital construction, etc.

Nevertheless, the Defendant, at the above end, was transferred to the J account in the name of H (I) in which the Defendant managed the victim as the payment for construction work on January 24, 2018, the sum of KRW 25 million, including KRW 10 million on March 7, 2018, KRW 10 million on March 7, 2018, and KRW 5 million on April 8, 2018.

2. On April 26, 2018, the Defendant sent a phone call to the victim K at the G construction site at the G construction site, namely, “if there is a need to pay money at home, thereby sending it to the head of Tong, he/she would repay the remainder within 1 to 2 months before the delivery of the remainder.”

However, at the time of fact, the defendant did not have any intention or ability to repay money within a short period due to the aggravation of financial difficulties.

Nevertheless, the Defendant, by deceiving the victim, was transferred from the victim to the J account under the said H (I) name on April 26, 2018.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of C witness and K;

1. Each of the defendants;

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