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(영문) 수원지방법원 2012.10.26 2012고단2897

사기

Text

A person shall be punished by imprisonment with prison labor for not less than four months for the first and second crimes in which the defendant is held, and by imprisonment with prison labor for not more than four months for the third crimes in its holding.

Reasons

Punishment of the crime

On January 28, 2011, the Defendant was sentenced to two years of suspension of the execution of imprisonment with prison labor for fraud, etc. at the Chuncheon District Court on October 10, 201, which became final and conclusive on July 14, 2011.

1. The Defendant, as the representative director of C Co., Ltd., was awarded a subcontract from D Co., Ltd. for E Apartment 5, 6 construction sections, and concrete construction work.

Around October 2007, the Defendant stated that “The Defendant would pay the F company operator B the rental fee after three months if it lends concrete pumps at the construction site of the E apartment at the construction site.”

However, the Defendant was unable to pay the above C employee wages as well as the on-site employee wages at the time, and the total amount of equipment and goods supplied at the construction site reaches 1.5 billion won, and thus, there was no intention or ability to pay the amount even if the Defendant was supplied with equipment from the victim.

The Defendant, as such, by deceiving the victim and being provided with the pumps from October 31, 2007 to May 31, 2008, did not pay the total amount of KRW 142,065,000, thereby acquiring property benefits equivalent to the same amount.

2. On October 2007, the Defendant stated that “The Defendant would supply safety goods and safety equipment to the victim G at the construction site of the said E apartment 5, 6 construction site, and that “The Defendant would make payments two months after the face of the week by supplying safety equipment and safety equipment to the victim G, who is the H representative director at the construction site of the said apartment.”

However, the Defendant had no intention or ability to pay the amount, even if the Defendant was supplied with equipment from the victim, as well as the above C employee pay, and the financial situation has deteriorated to the extent that it would not pay the wages of the on-site workers, and the total amount of equipment and goods supplied at the construction site reaches 1.5 billion won.

The Defendant, as such, deceiving the victim, and deceiving him, from October 207 to April 2008, 22,495. < Amended by Act No. 4995, Apr. 2, 2008>