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(영문) 부산지방법원 2017.02.08 2016고단4609
사기
Text

A defendant shall be punished by imprisonment for a term of one year and two months.

Reasons

Punishment of the crime

[Criminal record] On November 10, 2016, the Defendant was sentenced to imprisonment with prison labor for fraud at the Busan District Court on January 17, 2017, and the above judgment became final and conclusive on January 17, 2017.

[Criminal facts] 2016 Highest 4609

1. On August 2015, the Defendant committed the crime against the victim C, in the “E operated by the victim C, which is located in Ansan-si D on August 2015, 2015, is currently being performing the construction work under a contract with the victim for the construction of two studios from Ansan-si F at present. On the face of the construction work, the Defendant would pay the price after completing the construction work until November 2015.

“False speech was made to the effect that it was “.”

However, the defendant did not receive the construction cost due to the lack of current funds at the time, and did not have the victim's seal payment without receiving the construction cost due to the fixed amount from the owner of the above construction work, and had already been unable to receive the construction cost due to the fixed amount from the owner at the time of entering into the contract with the victim. Therefore, even if the victim's seal construction work, there was no intention or ability to pay the price to the victim.

The Defendant had the victim carry out painting construction work equivalent to KRW 4,301,00 from that time until November 8, 2015, and did not pay the victim the remainder of KRW 3,301,00,000 as construction cost, even though the Defendant paid the victim KRW 1,00,000 as the construction cost.

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

2. On August 5, 2015, the Defendant committed the crime against the victim G made a false statement to the effect that “The Defendant would pay KRW 5,00,000,00 to the victim for the starting construction work of the 2 of the 1studio in the F-si F-si Seoul Special Metropolitan City, the head of the I Construction Business Headquarters, which is in progress by our company, until August 22, 2015, and pay the remainder of the construction work until August 31, 2015.”

However, in fact, the defendant was not an employee of I Construction, and the defendant was merely an employee of I Construction.

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