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(영문) 대전지방법원 천안지원 2017.01.13 2016고단641
사기등
Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

1. The Defendant, on March 2012, to the victim E, who operates D at a building site located in the building site located in the building site in Southern-gu, Nam-gu, Chungcheongnam-gu, Seoul, for the purpose of leasing the temporary materials at the construction site where the interior works are underway, the Defendant would pay the construction cost at the end of each month.

“.....”

However, the Defendant had been in bad credit standing at the time, and there was approximately KRW 200,000,000,000, and even if the construction work was performed and the construction payment was paid, there was no intention or ability to pay the rent properly even if the construction materials were leased from the injured party.

Nevertheless, the Defendant did not pay rent of KRW 7,297,740 out of KRW 19,297,740 among the rent of KRW 19,297,740, even though the construction, such as the human nose, was supplied with snow materials on the same day by deceiving the victim as above and deceiving the victim, thereby acquiring property profits equivalent to that amount.

The Defendant, in addition to this, from March 31, 2012 to November 8, 2012, the Defendant leased temporary materials as shown in Appendix I, but did not pay a total of KRW 165,989,09, and acquired pecuniary benefits equivalent to that of the rent.

2. The Defendant refused to return construction materials worth KRW 36,131,600 in total at the market price, as shown in Appendix II around June 30, 2013 and October 10, 2013, while the period of lease expires, while the Defendant leased construction materials owned by the victim and stored for the victim by means of the same method as described in paragraph 1, around the day specified in paragraph 1, and received a request from the injured party for return.

Accordingly, the defendant embezzled the victim's property.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement protocol by the police for E;

1. Application of payment orders, mailbooks, details of payment of construction deposits, details of passbook transactions, details of each transaction, details of each transaction, and Acts and subordinate statutes on rents lists;

1. Criminal facts;

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