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(영문) 의정부지방법원 2014.08.25 2014고단1514
사기
Text

A defendant shall be punished by imprisonment for not less than eight 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

around 13:00 on August 22, 2013, the Defendant “2014 Highest 1514,” to the victim C at the instant coffee shop located on B B of Dongdaemun-gu Seoul Metropolitan Government on August 22, 2013, “This promissory note has been received as the construction cost after the payment was made to D, and it is necessary to pay it in cash, so that it would be settled without recourse to the date of settlement, if it is exchanged in cash.

‘A false statement' was made.

However, in fact, the Defendant received promissory notes upon the request of E, the actual operator of the said corporation, for the purpose of financing money, and even if the obligation of the Defendant and the Defendant’s management reaches KRW 1.2 billion, the Defendant did not have any intent or ability to pay the promissory notes on the due date, even if they were to receive the said cash from the victim.

The Defendant received 34,600,000 won from the victim to the corporate bank account in the name of the Defendant on the same day.

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

around June 6, 2013, the Defendant paid the cost of disposal immediately as soon as the progress payment for the disposal of the Seoul Dongdaemun-gu J commercial building was discharged from the victim H at the F office located in Yangju-si Seoul Metropolitan City, Seoul Metropolitan Government on June 6, 2013.

"Finally, it made false statements."

However, even if the victim received progress payment from the contractor by disposing of the foregoing amounting to KRW 150,000,000,000 from a bill issued in an amount equivalent to KRW 1 billion at the time, the Defendant did not have any intent or ability to pay the price for the construction.

As above, the Defendant, by deceiving the victim, and allowing the victim to take waste treatment construction work from June 12, 2013 to July 12, 2013, thereby pecuniary benefit equivalent to KRW 30,734,00.

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