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(영문) 광주지방법원 2018.02.21 2017고단4781
사기
Text

The punishment of the accused shall be determined by eight months of imprisonment.

Reasons

Punishment of the crime

1. On November 23, 2014, the defrauded Defendant against the Victim C company phoneed to D companies affiliated with the Victim C company on November 23, 2014, and “The sales data that can issue false tax invoices exist. Therefore, upon deposit of KRW 65 million, the Defendant issued tax invoices and returned KRW 50 million without the mold.

“A false representation was made.”

However, the defendant had no intention or ability to return KRW 50 million even if he/she received money from a third party and received money from a third party, and he/she did not have any intention or ability to return the remainder.

As such, the Defendant, by deceiving the victim as such, received money from the victim, from the victim, KRW 5 million around December 19, 2014, KRW 5 million around December 23, 2014, KRW 5 million around December 31, 2014, KRW 5 million around December 31, 2014, and KRW 50 million around January 23, 2015.

2. Fraud to victims E;

A. The Defendant shall obtain money equivalent to the cost of construction from the victim E at the G construction site located in F on October 17, 2014 and at the G construction site located in F on October 17, 2014, “The construction project to give a contract for a microphone file drilling work at the G construction site. It shall be paid without molding KRW 48 million of the cost of construction.

“A false representation was made.”

However, in fact, the Defendant borrowed KRW 120 million from I, J, etc. to borrow the amount of KRW 100 million due to the shortage of operating funds of H, which he operated by the Defendant, and received a loan of KRW 110 million from the Plaintiff, etc., and the construction cost that was paid by the Corporation due to its failure to pay taxes of KRW 50 million was prevented from returning the outstanding amount at the other construction site due to the repayment of the outstanding amount at the other construction site. Therefore, there was no intention or ability to pay the construction cost even if the damaged person would cause the construction work.

As such, the Defendant, by deceiving the victim as such, had the victim take part in the microphone file drilling work from October 17, 2014 to November 17, 2014, and had the victim take part in the construction work, and only 48 million won in the construction cost.

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