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(영문) 부산지방법원 2015.08.13 2015고정638

사기

Text

Defendant shall be punished by a fine of KRW 3,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

From May 2010, the Defendant is a person who actually operated C, a representative director, in the name of his wife, D.

The Defendant, at the construction site in 2009, has accumulated losses equivalent to KRW 200 million due to fire, and the sum of the obligations of the Defendant and the above corporations reaches KRW 100 million, while the Defendant and the above corporations did not have any specific property under the name of the Defendant or the above corporations, and even if the construction price was paid at the construction site in the construction site in the construction site in the construction site in the construction site in the construction site in the construction site in the construction site in the construction site in the construction site in the construction site in the construction site in the first place from 2009. However, even if there was a lack of capital, there was no intention or ability to fully pay the said amount, even if the Defendant was subject to administrative disposition of business suspension from December 19

1. On October 7, 2013, the Defendant against the victim E made a false statement to the effect that “if he supplies glass, he will pay the price without any framework in the following month” to the victim E who operates the H at the site of the new construction project located in the Busan Singu, Y, Busan, the Defendant acquired a pecuniary benefit equivalent to the amount of KRW 31,414,00,000 in total, four times from the said victim until April 30, 2014, even after being supplied with glass equivalent to KRW 131,414,00 in total, until April 30, 2014.

2. Around January 20, 2014, the Defendant against the victim I made a false statement to the effect that “If the victim I supplied the above victim with the window at the construction site of the Gyeongnam L Loans, he/she would pay the price in cash without the molding the price,” and that the victim would be paid in cash, from March 2014 to May 30, 2014, the Defendant acquired the financial benefits equivalent to the above amount, since he/she did not pay a sum of KRW 190,080,000 in total on three occasions, even though he/she was provided with the window value of KRW 64,920,00 from March 30, 2014 to May 30, 2014.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness E;

1. I, E.