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(영문) 대구지방법원 2018.01.23 2017고단235
사기
Text

Defendant

A shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

Defendant A of the 2017 Highest 235 " 2017 Highest 2.35" supplied the victim F with scrap metal arising from the removal of the waste main factory in G at the time of permanent stay on November 4, 2012 at the victim F.

“A false statement” was made.

However, in fact, Defendant A did not have entered into a contract for the removal of the above closed main factory building, and there was no other transaction partner who would be supplied with the scrap metal, so even if receiving money, Defendant A did not have the intention or ability to remove the closed main factory building and supply the scrap metal.

Nevertheless, Defendant A, as seen above, by deceiving the victim and deceiving the victim on November 5, 2012, and acquired the total of KRW 36 million from the victim, including KRW 16 million on November 20, 2012, and KRW 5 million on November 20, 2012.

"2017 Highest 752"

1. On April 19, 2016, Defendant A, the victim H, at the site of the J removal in the Changwon-si Member I of the Changwon-si, Changwon-si, and the victim H, “A is required to remove the J plant.”

The phrase “a request to use the equipment of the knife to pay the monthly rent of KRW 15 million” was false.

However, in fact, the Defendant did not have any particular income, and it was difficult for the obligees to pay 20 million won in full to the obligees with the delayed payment of 83 million won in arrears, and the income accrued from the removal work was thought to be used for personal purposes, such as repayment of debts, and therefore, there was no intention or ability to pay rent even if the Defendant leased the Crain equipment.

Nevertheless, the Defendant did not pay the rent of KRW 43 million from the injured party to May 21, 2016, while the Defendant leased and used the straw equipment from April 19, 2016 to May 21, 2016.

2. On April 21, 2016, Defendant A’s fraud against the Victim K requires Scar equipment at the site of removal from J under the above Section 1, and “Scar equipment is necessary to perform removal work at J plant.”

The purpose of this study is to pay rent.

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