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(영문) 울산지방법원 2016.12.15 2016고단1719

사기

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

1. On July 24, 2015, the Defendant entered into a false statement stating that “E shall purchase pipelines necessary for repair works abroad” from the victim’s office in the “D” office operated by the victim B, and that “the victim shall purchase pipelines necessary for repair works abroad. From the month of taking materials from a foreign country, the advance payment shall be made at the cost of purchasing materials, as the monthly amount of time is required from the month of taking materials from a foreign country.”

However, in fact, the defendant was thought to use money from the victim for personal purposes such as repayment of existing debts.

As above, the Defendant, by deceiving the victim as above, received KRW 7 million from the victim to the account in the name of (ju)F operated by the Defendant for the purchase of materials from the victim, KRW 10 million around July 24, 2015, KRW 10 million around August 12, 2015, KRW 10 million around August 19, 2015, KRW 220 million around September 7, 2015, and KRW 50,000 from the account in the name of the Defendant, around September 2, 2015.

2. On October 29, 2015, the criminal defendant against the victim G made a subcontract for the repair work of the said factory to the victim G at the “E” Section G located in Seongbuk-gu, Seongbuk-gu, Changwon-gu, Seoul Special Metropolitan City (hereinafter “E”) at the time of re-subcontracting the repair work for the said factory to the victim G, “on October 30, 2015, starting the construction work and completing the construction work until November 8, 2015, KRW 11 million around November 11, 2015, and KRW 29.5 million around December 20, 2015, the criminal defendant would pay KRW 40,500,000 (the construction cost of KRW 37,000 and KRW 3.5 million).”

However, in fact, the Defendant did not have any particular source of revenue in addition to the construction cost received from the ordering office at the time, while the Defendant was obligated to pay the loan equivalent to KRW 20,00,000 from the family members and his family members, and was faced with the financial difficulties, such as receiving the construction cost from the ordering office and paying the cost of other construction materials and personnel expenses, and thus, the Defendant did not have any intent or ability to pay the full amount of the construction cost even after the completion of the said construction.

The defendant.