beta
(영문) 대전지방법원 홍성지원 2020.06.23 2019고단696

사기등

Text

The punishment of the accused shall be four months by imprisonment.

except that the above sentence shall be executed for one year after the judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. The Defendant, at the construction site of Boan-si, employed the members of Boan-si, and carried out a paint work, and the victim B operated the D agency in Boan-si C.

Around December 23, 2017, the Defendant: “Around December 23, 2017, the Defendant borrowed money to pay the money to the victim “on the first day of January 2018 when the Plaintiff borrowed the money of KRW 7 million.”

However, at the time, the defendant did not have any intention or ability to pay the money even if he borrowed money from the victim because he was thought to use the money for the repayment of the existing obligation and the construction expenses even if he received the money.

The Defendant, by deceiving the victim as above, received KRW 500,000 in cash from the victim, and received KRW 500,000 in cash on the same day from E, and received KRW 500,000 in cash from E, and received KRW 6 million in total from the same account around the 26th day of the same month.

Accordingly, the defendant was given property by deceiving the victim.

B. Around the end of December, 2017, the Defendant, at the foregoing D agency, concluded that “The Defendant would pay the Plaintiff the price as the contract deposit for construction on the part of supplying the paint materials at the F University located in the river.”

However, at the time, the defendant did not have any intent or ability to pay the price even if he was supplied with the material from the victim because he thought that the defendant would use the unpaid construction cost, such as labor cost, even if he was paid the construction contract.

As such, the Defendant, by deceiving the victim, was supplied by the victim with paint materials worth KRW 10,105,00 from December 26, 2017 to February 3, 2018.

Accordingly, the defendant was given property by deceiving the victim.

(A) On September 5, 2019, the Defendant violated the Road Traffic Act (LA) (LA) and the Road Traffic Act (LA) (LA) will take the front of H located in G around 22:45 on September 5, 2019.

참조조문