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(영문) 광주지방법원 2016.08.11 2015고단2819

사기

Text

Defendant shall be punished by imprisonment for eight months, and the execution of the above sentence shall be suspended for three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On April 8, 2014, the Defendant made a false statement to the victim D at the site of a new house construction work located in the Seoul Special Metropolitan City, Seoul Special Metropolitan City (hereinafter “Seoul Special Metropolitan City”).

However, the Defendant did not have any apparent import at the time. From around 2012 to 2014, the Defendant was unable to pay wages to workers who worked at the construction site of Gwangju Mangy, or was unable to pay construction materials credit. Therefore, even if the victimized party did work at the pumps, the Defendant did not have any intent or ability to pay the said wages.

Nevertheless, the Defendant did not pay KRW 15,510,00 to the victims of the newly constructed construction site as above, and had the victims work for the pumps amounting to KRW 700,00,00 in the price of the newly constructed construction site. From around that time to May 23, 2014, the Defendant did not pay KRW 15,572,80 in total from the victims of the newly constructed construction site as shown in the list of crimes in the attached list of crimes, even if the victims were to have been provided with labor by seven employees in the same manner as above, and received construction materials equivalent to KRW 10,572,80 in total from the victims of the construction materials.

Accordingly, the defendant, by deceiving the victims, received property or acquired property benefits.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness E, F and G;

1. Each statement made by the police with respect to E, H and G;

1. Application of the Act and subordinate statutes to the accusation, supply books, standard contract, on-site human resources, and details of the marketing cost, writing writing, text message, text message, photo of passbook, business registration certificate, inquiry of the result of transfer processing, statement of labor cost, details of transaction, statement, statement of statement, credit card withdrawal transaction, credit card approval details, copy of passbook, name of passbook, 11, 12, 13, 15, 16, 18, 20, 22, 24, 24, 30, 32, 45, 46, 47).

1. Article 347 (1) of the Criminal Act applicable to the facts constituting an offense;

1. Reasons for sentencing under Article 62(1) of the Criminal Act of the suspended sentence [the scope of the recommended sentence] of the general fraud category 1 (less than KRW 100 million).