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(영문) 대구지방법원 경주지원 2019.06.26 2018고단537
사기
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

On December 19, 2017, the Defendant was sentenced to four months of imprisonment with prison labor and two years of suspended execution as a violation of the Labor Standards Act in the Daegu District Court Residential Support Act, and the said judgment became final and conclusive on December 27, 2017.

The Defendant is the actual operator of “(State)B,” and the victim C is a person who engages in the business of leasing snow materials in the name of “E” in Daegu-gu.

In 2016, the Defendant, while engaging in the construction of a new loan from the Gyeongcheon-gun F, Gyeongcheon-gun, the Defendant awarded a subcontract to G for the construction of a mold, and the victim, around July 2016, leased construction materials to the said G with respect to the construction, but did not receive the rent.

At around 14:00 on November 2, 2016, the Defendant made a false statement to the victim that “When the construction materials are continuously supplied at the F New Loans of the Gyeongcheon-gun, Gyeongcheon-gu, Gyeongcheon-gu, Gyeongcheon-gu, the Defendant would make a settlement of all the closed rent by the end of this month, and would make a payment of rent.”

However, the Defendant, at the time, did not have any intent or ability to pay the rent, even if the Defendant leased the construction materials from the victim because the amount of the obligation to Daegu District Court and H reaches approximately KRW 200 million, and around KRW 340 million due to corporate bonds; around that time, the Plaintiff failed to refund the investment funds to the investors in relation to the construction work, and there was a shortage of funds to pay the three bonds as payment in lieu of the said construction materials.

Nevertheless, even though the Defendant made a false statement, and caused the victim to continue to supply construction materials from November 2, 2016 to February 2, 2017, when the structural construction was completed, the Defendant did not pay 24.5 million won of the overdue rent by November 2, 2016, which was agreed to be paid to the victim.

In this respect, the Defendant acquired pecuniary benefits by deceiving the victim.

Summary of Evidence

1. Defendant's legal statement;

1.With respect to C and G:

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