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(영문) 대전지방법원 서산지원 2017.01.19 2016고단65

사기등

Text

The punishment of the accused shall be determined by eight months of imprisonment.

Reasons

Punishment of the crime

1. On March 14, 2014, the Defendant: (a) at the Jin-si Office for Operation “E” of the Victim D (hereinafter “E”); (b) the Defendant would pay the victim rent on the face of the State by leasing the temporary materials (e.g., softs, oil pumps, pipes, etc.) to the victim; and (c) the Defendant would return the said materials until June 30, 2014.

The phrase “ makes a false statement.”

However, in fact, the Defendant had been in bad credit standing for about 10 years, and there was no intention or ability to pay the rent even if the Defendant leased the temporary materials from the injured party, as well as the situation where it had already been economically difficult at the time of leasing the temporary materials to the injured party. Moreover, the Defendant intended to pay the rent for the construction cost to be obtained through subcontracted construction in the “FF construction site at the time,” but it was impossible for the construction contractor to perform the above structural construction due to the non-payment of the benefits, etc., and the Defendant did not have any intention or ability to pay the rent.

Nevertheless, the Defendant: (a) by deceiving the victim as above and using the temporary materials from March 14, 2014 to June 30, 2014, the Defendant acquired pecuniary benefits equivalent to the said amount without paying rent of approximately KRW 2,8820,00,000, even if he/she received and used the temporary materials from the victim from March 14, 2014.

2. As described in paragraph (1) around March 14, 2014, the Defendant embezzled the victim’s temporary materials owned by the victim D by leasing approximately KRW 5,2180,00 of the market price (e.g., plar, pump, pipe, etc.) from the victim D and installed and used at the construction site of the “Jinjin City F” at the construction site. Even if around June 30, 2014, the lease term expires, the Defendant did not return the said temporary materials to the victim, and at the same time requested the return from the victim, even if the victim did not return the said materials, the Defendant embezzled the said materials by leaving the temporary materials owned by the victim at the above construction site without justifiable grounds.

Summary of Evidence

1. Statement by the defendant in court;

1. The statement of the police with regard to G.