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(영문) 부산지방법원 2015.01.28 2014고단10413
사기
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On December 11, 2014, the defendant appealed from the Busan District Court with imprisonment of one year and six months for fraud, etc. and continues the appellate trial.

The Defendant, while running the tegy fishery, was entrusted with the Kapeta construction work from the Victim K and received the construction cost, did not meet the construction cost of the newly built construction work from the Appellant due to the shortage of the construction cost of the Ma in Yangsan-si L, which was in the process of the construction work at that time, and did not receive the construction cost from the Appellant by receiving the construction cost from the Claimant, even though he could not complete the tegyer construction work.

1. On June 12, 2014, the Defendant: (a) around 19:00 on June 12, 2014, up to KRW 20 million, the sum of the cost of the Defendant’s car page construction to the victim within the car page that was planned to operate the victim located in the Busan Jin-gu Busan

6. 14. Commencement of construction works.

7.5. Conclusion to the extent of

The term "assumed" was referred to.

However, there was no intention or ability to complete the construction even if the defendant receives the construction cost from the victim because the defendant did not own any property, but the debt is not less than 400 million won, and the construction cost of another construction site could not be met.

As above, the Defendant, by deceiving the victim as above, received eight million won from the victim, around June 14, 2014; six million won around June 26, 2014; and two million won around June 28, 2014, from the victim to the Busan Bank account in the name of the Defendant.

2. On June 26, 2014, the Defendant stated to the victim that “Around June 26, 2014, the Defendant sent KRW 1.5 million for the purchase of air conditioners, KRW 700,000,000 for the installation cost, and KRW 2.5 million for the pipeline connection cost to the victim.”

However, even if the victim receives the air conditioner installation cost from the victim, the fact did not want to use the air conditioner as the cost of purchasing the air conditioner.

The Defendant, as above, was accused of the victim, and received 2.5 million won from the victim to the above O’s account on the same day.

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