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(영문) 대구지방법원 안동지원 2014.02.19 2013고단596

사기등

Text

A defendant shall be punished by imprisonment for three years.

Reasons

Punishment of the crime

"2013 Highest 596"

1. Fraud against the victim C;

A. On April 201, the Defendant made a false statement to the victim that “I would no longer be able to do so because E who subcontracted D to A N N N N N N N N N N N N NE that “I would be aware that I would be A N N N N N NE E” to the victim who was called “I would be E E E E E N N N N N NE. I will be able to give money after the completion of D N N N NE.

However, while carrying out F’s construction work, the Defendant did not pay KRW 288,00,000 for the electrical construction price of H at the G hotel remodeling construction site, and delayed payment of the construction price by issuing bills anticipated to be defaulted. The Defendant did not have any property owned in the name of the Defendant, and personal damage was caused to KRW 10,000,000. D construction site was also suspended E due to the subcontractor’s failure to pay the construction price to E and left the site, and there was no intention or ability to pay food to the victim.

The Defendant, from time to October 20, 201, received meals equivalent to KRW 25,800,000 from the victims of the D Construction site from time to time, and exempted the Defendant from the obligation to pay the construction cost equivalent to KRW 25,095,00 in the D Construction Site.

Accordingly, the Defendant, by deceiving the victim, received property equivalent to 50,895,000 won in total, and acquired pecuniary benefits.

B. On March 11, 2011, the Defendant borrowed money to the victim C at the J restaurant located in I as permanent resident on March 11, 2011.

After the completion of the roof work, 200 million won may be paid, and the amount of money needed for the steel bars of the party room shall be borrowed.

Only roof works;