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(영문) 광주지방법원 2016.04.27 2015고정2013

사기

Text

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

2. Where the defendant does not pay the above fine. < Amended by Presidential Decree No. 16093, Jan. 1,

Reasons

Punishment of the crime

[Criminal Records] On July 21, 2015, the Defendant was sentenced to eight months of imprisonment for fraud at the Gwangju District Court, and the judgment became final and conclusive on the 22th of the same month.

[2] The Defendant of the 2015 High 2013 High 2013 [Defendant] is a person who requested the victim D to run a company called "C" located in Gwangju Northern-gu B to do so.

Notwithstanding the absence of the intent or ability to pay the construction cost to the above victim, the Defendant visited the said victim on July 201, and requested the said victim to install attached houses, 1106 dong 104, 1106, Seo-gu, Gwangju, Seo-gu, Gwangju, to do so, and then acquired the pecuniary benefits equivalent to KRW 5,500,000 for the construction cost due to the failure to pay the construction cost even after the completion of the construction work on August 11, 2011.

The defendant of "2015 High 2014" was a person who operated G Co., Ltd. in the Seo-gu of Gwangju from May 201 to May 201.

Around August 4, 2011, the Defendant made a false statement to the effect that “The Defendant would pay the construction cost to the victim H at the site where he is performing film construction work.”

However, the Defendant was unable to start with the operation of the above G with personal money without the business funds at the time and pay the monthly rent. The Defendant did not have any intent or ability to pay the construction cost even if the Defendant had the above victim to do the construction work on the ground that the demand for the personal debt of KRW 20 million should be increased and the change should be avoided.

Ultimately, the Defendant, around August 4, 201, obtained the said victim’s housing construction work located in the Gandong-dong-dong-gu, Gwangju Metropolitan City around August 6, 201, the construction work of Kuho-dong-dong-dong-gu, Gwangju Metropolitan City apartment site construction around September 16, 201, and the construction work of Kuho-dong-dong-dong-gu, Gwangju Metropolitan City around December 19, 201, and the international ebbri-dong-dong-dong-si and the construction work around December 19, 201, and thereby obtained the pecuniary profit equivalent to KRW 3.55 million in total the construction cost due to the failure to pay the construction cost.

b)a summary of the evidence;