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(영문) 대전지방법원 2017.09.21 2017고단1835

사기

Text

A defendant shall be punished by imprisonment for three years.

Reasons

Punishment of the crime

Defendant 2, “2017 Highest 1835,” is a person engaged in the adjustment of materials and on-site adjustment at the construction site.

1. On November 2015, the Defendant made a false statement to the victim in the “E” office operated by the victim D, in Seo-gu, Seo-gu, Daejeon, and Seo-gu, Daejeon, 102, that “A person needs to be employed at the construction site of G construction before the building company F in North Korea, the construction company,” and that “A person shall have 15 persons within the scope of 25 persons, who shall support 10 persons, who shall be provided by E, shall be paid on behalf of 10 persons, who shall be provided by E, and if the Defendant borrowed 15 persons, who shall be able to pay personnel expenses for 15 persons, who are in Korea, at the end of each month, who shall receive 10% of the fees from the construction company and return them at once.”

However, the Defendant did not have any special property at the time, and started the horse from October 2015, and had the victim pay personnel expenses to the employees on behalf of the Defendant. After the Defendant settled labor expenses from the construction company or received money from the injured party as personnel expenses, the Defendant was thought to use the horse expenses, etc. In the construction site, since F, a construction company, entered into a contract with H, another company, and paid personnel expenses to H, the construction company did not have any intent or ability to refund the victim operating the “E” 10% of the fee, including personnel expenses, at the end of the month.

As above, the Defendant: (a) by deceiving the victim as above; (b) supplied 10 persons at the aforementioned construction site on December 1, 2015; (c) provided 1,00,000 won in total (10,000 won X 1,00 won) on behalf of the Defendant; and (d) obtained the pecuniary benefits equivalent to the said amount on February 25, 2016, from that time to February 25, 2016; (b) provided 5,628,00 won in total for 63 times as shown in the List of Crimes (1-1) of the List of Crimes (1-1); and (c) provided 10,000 won in total from the damaged person on December 25, 2015.