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(영문) 서울서부지방법원 2015.10.02 2014고단2581
사기
Text

A defendant shall be punished by imprisonment with prison labor for not more than ten months.

Reasons

Punishment of the crime

The defendant is a person who operated a stock company B.

B Co., Ltd. has reached approximately KRW 6 billion, and since 2010, the financial situation was not good, such as corporate tax and value-added tax in arrears, and workers' wages were not paid from time to time. Since 2011, the factory operation was virtually discontinued.

Since before 2010, the Defendant received a loan from the mutual savings bank and the Hyundai Capital, and 5,250,000 won of the monthly interest, and around May 2010, the Defendant did not have any intent or ability to repay the construction price or loan to the victim D because the economic situation is not good, such as borrowing KRW 50,000 from the land C, and borrowing KRW 50,000,000 from the land.

1. Nevertheless, around August 25, 2010, the Defendant, by deceiving the victim D to the effect that “In operating a furniture factory in Chungcheongnam-si, Chungcheongnam-si, Incheon-si, in order to pay the construction cost if the electricity construction of the above factory would be done.” The Defendant, which in turn, caused the victim to perform electrical construction work equivalent to KRW 36.3 million of the construction cost and paid the down payment to KRW 32.3 million and did not pay the remainder of KRW 32.3 million.

Accordingly, the defendant deceivings the victim and acquired the pecuniary benefits equivalent to 32.3 million won from the victim.

2. On October 201, 201, the Defendant made a false statement to the victim D that “if he/she lends KRW 30 million to the victim D, he/she would pay the construction cost together with the construction cost by setting up the factory.” Accordingly, the Defendant defraudeded KRW 30 million from the victim on or around October 21, 201.

3. On October 26, 2011, the Defendant stolen electric wires installed in the factory to the victim D from the French land to the victim D.

The construction cost will be paid if the additional electricity construction work is made in the household factory of the Bank of Korea.

‘Falsely speaking, the victim had the victim do electrical construction work equivalent to KRW 16950,000 for the cost of construction.

Accordingly, the defendant deceivings the victim D and belongs to it.

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