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(영문) 울산지방법원 2018.01.18 2017고정957
사기
Text

Defendant shall be punished by a fine of KRW 3,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The defendant is the D representative awarded the order for the C Connecting Road Construction Work ordered by the Ulsan General Construction Headquarters.

1. On December 24, 2015, the Defendant entered into a contract for the lease of equipment on the condition that the victim F and 3.5 million won per day from December 24, 2015 to April 30, 2016 are paid at the construction site of the connecting road in Ulsan-gu E-gu, Ulsan-gu.

However, even if the Defendant borrowed equipment from the injured party, the Defendant did not have the intention or ability to pay the equipment loan.

Nevertheless, the Defendant, by deceiving the victim and taking property profits by not paying KRW 12,526,250 from December 24, 2015 to February 2016.

2. The Defendant, at the same place as Paragraph 1 of December 2015, by deceiving the victim G in the same manner as that of paragraph 1, took property benefits in a manner that does not pay KRW 3,925,625 to the damaged party, from December 8, 2015 to December 22, 2015.

3. The Defendant, on April 2016, by deceiving the victim H by the same method at the same place as that of paragraph (1) of the same Article, took property benefits by not paying KRW 7,631,250 to the victim, from April 2016 to May 2016.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness G and F;

1. A protocol concerning the examination of partially the police officers of the accused;

1. Each police statement made to G, F, and H;

1. Complaint;

1. The Defendant and his defense counsel asserted to the effect that the Defendant did not enter into a contract with the victim F or G on the rental of equipment. However, according to the aforementioned evidence, this part of the facts charged is guilty.

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