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(영문) 부산지방법원 2015.08.12 2015고정1147

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

around January 10, 2014, the Defendant, at the “E” wholesale store of the victim D, located in CF Dong CF Dong 1, Busan, and the Defendant, at the time of the completion of the interior remodeling work under 201, Dong 208, Dong 201, Dong 208, where the Defendant was living, would pay the construction cost immediately after the completion of the work. The Defendant, from January 17, 2014, would have the victim D, G, H, I, J, K, M, N,O, etc. pay the construction cost.

2. Until the middleman, the construction of a string and painting, wooding construction, dooring, remote area, floor board, horseing and boating, lighting, and painting construction, etc. were carried out.

However, around that time, the Defendant had been at the court auction for the “P” factory, which was operated due to the loan of a financial institution, which was operated by the Defendant. The Defendant borrowed KRW 200 million from R, etc. while establishing Q, and there was no dispute over the debt amount with SP, which is the bond company, and thus, the victims did not have the intent or ability to pay the amount even if the Defendant had the apartment construction work.

As above, the Defendant did not pay 10 persons, including the victim D, L, T, H, J,O, U, M, G, and N, an amount equivalent to KRW 39,741,60,00 of the price, as stated in the attached list of crimes, and acquired property benefits equivalent to the same amount.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement made to D by the police;

1. A copy of each payment note prepared by a suspect, a copy of the details of transactions and statement of transactions, a copy of the performance certificate prepared by a suspect, and a copy of content certification;

1. The criminal defendant and his defense counsel planned to pay the construction price from the profits accrued from the process of mooring, packing, and processing, which the defendant established and promoted Q Co., Ltd. at the time, but thereafter, the bond company S was unable to pay the construction price ex post facto due to the occurrence of a problem, such as reducing Q's assets, etc., and the criminal intent of defraudation is the criminal intent.