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(영문) 부산지방법원 2019.09.27 2019고정909

사기

Text

Defendant shall be punished by a fine of KRW 2,000,000.

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

Reasons

Punishment of the crime

The Defendant is a person who runs the electrical construction business under the trade name of “B.”

1. On September 24, 2017 and October 26, 2017, the Defendant made a false statement to the victim D at the Ulsan-gun C&D site of Ulsan-gun, Ulsan-gun, stating, “If he/she lends money to allow him/her to live in equipment due to the lack of equipment, he/she shall be paid up until October 15, 2017,” and on October 9, 2017, the Defendant made a false statement to the victim “on the same place as “on the other hand, he/she shall have his/her well-known accommodation, and if he/she lends 2,00,000 won to the victim, he/she shall be paid back by October 15, 2017.”

However, in fact, the Defendant was in arrears with a loan obligation equivalent to KRW 45 million without any particular property, and the Defendant was ordered to undertake construction without sufficient funds and paid the work cost and the cost of goods at another construction site. Since most of the money borrowed from the victim were considered to be used for living expenses, such as his/her lease deposit, the Defendant did not have any intent or ability to pay the money by the due date, even if she borrowed money from the victim.

As above, the Defendant, by deceiving the victim as above, received 2,00,000 on September 24, 2017 from the victim as the purchase price for equipment, the amount of KRW 4,500,000 on September 26, 201, and KRW 2,00,000 on October 9, 2017 from the national bank account (Account Number: E) in the name of the Defendant’s name.

Accordingly, the defendant was given property by deceiving the victim.

2. On November 8, 2017, the Defendant made a false statement that “The Defendant, by phoneing the victim D at a non-place on the astronomical construction site, can immediately enter the direction towards the astronomical side. The Corporation, as the Defendant only introduced the internal price and immediately omitted, would proceed with construction work and receive construction cost from the directly F.”

However, the defendant is in the G construction site in the astronomical period.