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(영문) 광주지방법원 2014.10.16 2014고단1697

사기등

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. Fraud;

A. On September 31, 2008, the Defendant of the Victim D said that “the Defendant would complete the said construction work by October 31, 2008, in relation to the instant construction work, at the sn beam beam manufacturing factory office located in the Nam-gu Seoul Metropolitan City, Sndong-si, and in relation to the instant construction work for the storage of the sniff warehouse located in the E (ju) in which the victim D was an auditor, the Defendant stated to the effect that “the Defendant would have changed KRW 25 million from the sniff, snifline, and panel construction from among the sniff new construction work, to KRW 17 million from the sniff and as the down payment amount.”

However, even if the defendant receives the money as the down payment from the victim, he did not have the intention or ability to do the above construction.

Around September 22, 2008, the Defendant, by deceiving the victim, received money of KRW 23 million from the victim as the contract deposit for the above construction work from the Korean bank account (Account Number:H) in the name of G and acquired it by deceit.

B. Around January 2, 2009, the Defendant against the victim I stated that “A victim I (Nam, 50 years of age) was responsible for the collection of crypted works of film distribution M. During the construction work, the victim I would pay personnel expenses at the time of the completion of the discharge (the construction work after the completion of the floor construction work)” to the victim I (the crypted, South and 50 years of age) within the L Office operated by K in the Seoul Northern-guJ.

However, the defendant did not have the intent or ability to pay personnel expenses even though he did the above trees.

The Defendant, by deceiving the victim as such, had the victim take care of the victim, from January 3, 2009 to January 20, 2009, and had the victim take care of the trees inside the building of the second floor located N in Yongsan-gu, Soyang-si for 18 days from January 3, 2009 and 6 to July 7, 2009, and did not pay 19.6 million won for personnel expenses to the victim, thereby obtaining pecuniary benefits equivalent to that amount.

2. The Defendant is a person who served as the president of (main)O, who is a seller of steel distribution business, and the victim P is a strong Q and R.