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(영문) 대전지방법원 홍성지원 2016.01.20 2015고단720

사기

Text

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

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant is a person who actually runs a “C” company.

1. On March 5, 2014, the Defendant made a false statement to the victim D, “F” located in Chungcheongnam-nam Budget Group E, stating, “F will reduce the cost of equipment as determined by the Corporation’s completion.”

However, the above company did not receive construction cost of KRW 430 million from Korea around February 2012 with respect to G New Construction, and the company was unable to pay construction cost of KRW 150 million to the subordinate company from around that time due to the company’s circumstances, such as that it was unable to pay construction cost of KRW 150 million to the subordinate company.

The victim did not have any intention or ability to pay the construction cost in advance to the victim, as he/she wishes to use it in full or in full payment of the construction cost.

Although Defendant deceiving the victim as above and had the victim complete the construction works laid underground by using the excavating machine from April 5, 2014 to April 14 of the same month, Defendant did not pay KRW 1,1970,000 to the victim and acquired financial benefits equivalent to the same amount.

2. Fraud against victim H;

A. The Defendant, around April 6, 2014, at the “J” site located in Chungcheongnam-nam Budget I, the Victim H “At the end of May, 2014, the Defendant would be going to the end of May at the latest.

The phrase “ makes a false statement.”

However, in fact, the above company did not receive construction cost of KRW 430 million from Korea around February 2012 with respect to G new construction, and it did not pay construction cost of KRW 150 million to the subordinate company from around that time due to the difficulties in the circumstances of the company, such as that it did not pay construction cost of KRW 150 million to the subordinate company.

The victim did not have any intention or ability to pay the construction cost in advance to the victim, as he/she wishes to use it in full or in full payment of the construction cost.

The defendant deceivings the victim as above and let the victim do so on April 2014.