(영문) 창원지방법원 2017.02.09 2016고단3514

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(영문) 창원지방법원 2017.02.09 2016고단3514

사기

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A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

[Criminal history] The Defendant was sentenced to eight months of imprisonment for fraud, etc. at the Changwon District Court on November 10, 2016 and the said judgment became final and conclusive on the 18th of the same month.

[2016 Highest 3514] Defendant Changwon-si used the trade name “D” with another name-free company in Changwon-si, and registered as “E” at the same place as of November 2009 and operated the said company until July 2010.

1. On October 17, 2009, the criminal defendant against the victim F made a false statement to the victim F at the H construction site located in Seongbuk-gu, Sungwon-si, Changwon-si, Seowon-si, stating, “I will receive a loan by receiving a flapar payment at the time of completion of the construction work, if he/she lends one cream and two dump trucks to the victim F.”

However, in 2006, the Defendant did not have any property after failure in the business. At the time of the contract with the victim, the Defendant was liable for personal debt amounting to KRW 40 million from KRW 30,000 to KRW 40,000 at the time of the contract. On September 2009, the Defendant requested the construction of housing and neighboring living facilities at KRW 160,000,000 in total on the land J of Haan-gun, Haan-gun, Haan-gun, Haan-gun, and requested the construction of new facilities, but he was unable to pay the previous construction cost due to the lack of the company’s capital, and even if he was unable to pay the construction cost, he was unable to complete the construction even if he was paid the construction cost due to the failure of paying the previous construction cost to the small business operator who was unable to pay the previous construction cost. In addition, even if the construction cost had been paid during the similar period, there was no intention or ability to provide loans to the victim.

As such, the Defendant, by deceiving the victim, took advantage of one straw lele and two dump truck from the same date to December 29 of the same year from the same date, and did not pay the rental fee of KRW 4290,000,000 to the victim, and acquired pecuniary gains equivalent to the same amount.

2. The Defendant who committed fraud against the Victim K on May 2, 2010.

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