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(영문) 대전지방법원 서산지원 2016.05.27 2014고단1135

사기

Text

A defendant shall be punished by imprisonment for not less than eight months.

Of the facts charged in the instant case, the fraud against the victim D on March 2010 is acquitted.

Reasons

Punishment of the crime

The Defendant is a person who runs a man-made business with the trade name of “E”.

1. On July 2013, 2013, the Defendant committed the crime against the victim D made a false statement to the victim D at the site of “G” restaurant construction located in Jin-si, Jin-si, Seoul, that “The construction cost previously failed shall be paid as soon as the completion of this construction work is completed, and the payment of construction cost shall be made on a daily basis at the beginning of the week of the construction work.”

However, the defendant did not have the intent or ability to pay the construction cost even if the injured party completes the construction work due to the lack of sufficient ability to pay the construction cost even though the obligation is accumulated at the time.

Nevertheless, the defendant deceivings the victim as above and caused the victim to do so from the above time.

9. Until November 17, 198, by having the construction cost of 29,543,400 won complete and paying only 11,50,000 won out of the price, it acquired pecuniary benefits equivalent to KRW 18,043,40.

2. Around July 2013, the Defendant committed the crime against the victim H made a false statement to the victim H that “A cafeteria is constructing a restaurant building at the site of the above “G” restaurant, and the payment is to be made as the end of the construction at the site of the other construction.”

However, the defendant did not have the intent or ability to pay the construction cost even if the injured party completes the construction work due to the lack of sufficient ability to pay the construction cost even though the obligation is accumulated at the time.

Nevertheless, the defendant deceivings the victim as above and caused the victim to do so from August 1, 2013 to the same year.

9. Until November 17, 198, by allowing the completion of a project equivalent to KRW 12,500,000 of the construction cost to obtain pecuniary benefits.

3. The Defendant committed the crime against the victim I at the early stage of the instant “G” restaurant construction site on August 2013, 2013, and submitted a tax invoice to the victim I after three (3) days from the end of the construction on the face of the main place where the electric film heating works are installed.