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(영문) 창원지방법원 2013.12.24 2013고단1458

사기등

Text

A defendant shall be punished by imprisonment for four months.

However, 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

1. From July 2011 to July 20, 2012, the Defendant was a person employed as the site manager of the C building site in progress from the window B of Changwon-si from July 23, 2011 to July 20, 2012, and at the time invested an amount of KRW 50 million in other construction works at the time, but the recovery of investment was not possible. A approximately KRW 20 million was an individual debt, and approximately KRW 20 million was the personal debt. Although there was income exceeding KRW 2 million per month, it was necessary to continue the disbursement in relation to investment, and even if money was borrowed from other persons, there was no intent or ability to repay it.

Nevertheless, on May 23, 2012, the Defendant made a false statement to the victim D who subcontracted the construction work at the construction site of the building site and subcontracted the construction work at the construction site of the building site, stating that “I will use only one month if I lend ten million won and complete payment without a mold.”

The defendant received KRW 10 million from the victim to the Defendant’s wife E account on the same day, and acquired it by fraud.

2. On June 15, 2012, the defrauded concluded that “Around June 15, 2012, the Defendant would settle the working party’s monthly wage on the working party’s monthly wage, if the Defendant borrowed money as described in the foregoing paragraph 1, but did not have any intent or ability to repay the borrowed money, and even if he/she immediately retires from the working party’s office, at the same place as on June 15, 2012, the Defendant would pay 50,000 won to the victim a monthly wage of the working party.”

The defendant received 500,000 won from the victim to the same account as stated in the above paragraph (1) on the same day and acquired it by fraud.

3. The Defendant has been engaged in the settlement, etc. of the price between FF Co., Ltd. and subcontractors while working as a field manager as described in the above paragraph (1).

On July 20, 2012, the Defendant received KRW 400,000,00 from F Co., Ltd. for the part of the cost of using G during the period, and paid it to the victim during his/her occupational storage for victim D.