beta
(영문) 부산지방법원 동부지원 2021.02.04 2020고단1695

사기

Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

[criminal record] On April 9, 2020, the defendant was sentenced to a suspended sentence of four months for fraud at the Busan District Court, and the judgment became final and conclusive on April 17, 2020.

[2] The Defendant actually operated the signboard construction business chain in Franchi-gu, Busan, as well as the human research and construction business chain in Franchi-gu D, Busan.

1. On April 2019, the Defendant committed the crime against Victim F with the victim F, at the office of “H” office operated by the victim F, the victim F, located in Busan metropolitan G G, the Defendant would pay the victim KRW 10,213,500 for the production and supply of the instant signboards to the victim as soon as he/she receives the cost of production from the building owner.

"Around that time, the above victim requested the manufacture of signboards equivalent to KRW 594,00, KRW 634,700, each of the manufacturing costs in return for promising the above victim to pay the price in the same way.

However, in fact, the Defendant did not have the ability to pay the expenses to the above victim because he did not have the intent to spend the Defendant’s personal business funds, etc. in receiving the payment of the expenses for the production of the signboard from the above victim. At that time, the Defendant did not have the ability to pay the expenses to the above victim due to the shortage of financial resources, such as the excess of financial resources, by bearing the amount of KRW 9,263,120, and the amount of KRW 62,50,000 without any particular property

The Defendant had the said victim produce and supply three signboards from April 5, 2019 to December of the same month from April 12, 2019, and did not pay an amount equivalent to KRW 11,442,200 in total of the production cost, thereby acquiring property benefits equivalent to the same amount.

2. On September 18, 2019, the Defendant committed the crime against Victim I: (a) the victim I, a construction business operator, in Indiana located in the Busan metropolitan area, is performing a construction project for “K” on the second floor of the building J in Busan metropolitan Daegu J in the construction site; and (b) the above construction site.