(영문) 서울북부지방법원 2018.08.23 2018고단1678

beta

본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.

Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 서울북부지방법원 2018.08.23 2018고단1678

사기

Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

Reasons

Punishment of the crime

On September 27, 2013, the Defendant told the victim E through D, who is an employee of the Defendant company, that “The Defendant would sell construction materials to be put in the construction site of the F building in the Gu and Si, from November 2013 to the end of November, 2013, and would pay a normal rent at the end of each month at the end of November.”

However, the Defendant, while carrying out construction at the construction site of the above old-U.S. F building at the time, did not have an intention or ability to pay rent normally to the victim on the last day of each month, even if the Defendant received the payment from the Administration because the amount of debt to the subcontractor reaches approximately KRW 200,000,000. On the other hand, the construction site of the strike did not dispute with the owner due to the prior payment of the construction cost, and thus, the Defendant did not have an intention or ability to pay the rent normally to the victim on the last day of each month, even if the Defendant leased the construction material from the damaged person.

Nevertheless, the Defendant: (a) by deceiving the victim as above; (b) lent 5,00 bit 541,00 from the victim by means of around November 5, 2013; (c) and (d) did not lease construction materials equivalent to KRW 33,149,873 from that time to September 30, 2014; and (b) did not pay rent.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Statement made by the prosecution against E;

1. Statement made by the police for E;

1. A construction contractor's holding of office, a written estimate, the details of delivery of materials, a tax invoice, and a lease invoice;

1. Details of the purchase and delivery of C (undeveloped site) materials;

1. Details of adjusting rents;

1. A certificate of details;

1. A certificate of payment of rent for temporary installation;

1. A written agreement;

1. Proceeds in relation to a process deed and mining concession;

유사 판례

-대구지방법원 2018.10.25 2018고단3170

-청주지방법원 2017.12.05 2016고단1329

-대전지방법원 서산지원 2017.01.19 2016고단65

-광주지방법원 순천지원 2016.04.27 2015고단2253

-인천지방법원 2018.04.06 2017고단8765