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(영문) 부산지방법원 동부지원 2018.08.29 2018고단1301
사기등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. Fraud;

A. On July 2016, the Defendant paid KRW 25 million to the victim C in a place where it is not known to the Busan around the beginning of July 2016.

The price shall be 2.5 million won as the down payment on the day;

8.1.1.

8.12.

8. 18.18. Each 5 million won, and the remaining gold would be paid within one week after the completion of the construction.

However, at the time of remodeling, the Defendant had an obligation equivalent to KRW 100,000,00,000 for personal debts of KRW 20,000,000,000, and the unpaid debts of KRW 40,000 for other construction. Even if having received construction payment from the construction owner who requested remodeling of the above building, it is thought that it will be used for the Defendant’s living expenses and repayment of other debts, etc., and even

As such, the Defendant: (a) by deceiving the victim; (b) caused the victim to perform the remodeling work of the said building from July 18, 2016 to August 13, 2016; and (c) did not pay KRW 25 million to the victim; and (d) acquired pecuniary benefits equivalent to the said amount.

B. On August 14, 2016, the Defendant would pay the price to the victim E at G office operated by the victim E in Kimhae-si, and the household if supplied, at the time of supply.

was made.

그러나 사실 피고인은 당시 개인 채무 2,000만 원, 다른 공사 관련 미지급 채무 4,000만 원 등 합계 1억 원 상당의 채무가 있었고, 가구를 의뢰한 사람으로부터 가구대금을 받아 이를 피고인 읜 생활비와 다른 채무 변제 등에 사용할 생각이어서 피해 자로부터 가구를 공급 받더라도 피해자에게 그 대금을 지급할 의사나 능력이 없었다.

The Defendant, as such, by deceiving the victim, supplied a household with the sum of KRW 3,250,00,000 to the sum of KRW 4,501, Dong-do, Busan around August 18, 2016 from the damaged party, and did not pay the said amount.

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