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(영문) 창원지방법원 거창지원 2018.02.28 2017고단267
사기
Text

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

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On November 2, 2015, the criminal defendant against the victim C told the victim Eul, operated by the victim C in Gohap-gun, Chungcheongnam-gun, Gohap-gun, that “I would immediately pay the construction cost upon the request of the victim for the supply of construction materials if you want to do so.”

However, the Defendant had no special property at the time, but did not have fixed income, and rather, did not reach a total of KRW 320 million by individuals, which is up to KRW 20 million, and there was no intention or ability to pay the price, even if the Defendant received the materials from the injured party, even if he did not receive the materials from the injured party.

Nevertheless, the Defendant: (a) by deceiving the victim as above and being supplied by the victim with a large of 50 meters from that time; and (b) from around that time to February 1, 2016, the Defendant was provided with materials equivalent to KRW 34,109,020 in total from 50 times as shown in Appendix I.

Accordingly, the defendant was given property by deceiving the victim.

2. On November 5, 2015, the criminal defendant against the victim G told-gun stated to the effect that “If construction materials are leased to the victim, it would be immediately paid when claiming the price.”

However, the Defendant had no special property at the time, but did not have fixed income, and rather, did not reach a total of KRW 320,000,000,000,000,000 in arrears, and there was no intention or ability to pay rent even if the Defendant leased temporary materials from the injured party.

Nevertheless, the Defendant deceiving the victim as above and, from November 5, 2015 to December 25, 2015, leased construction materials, such as crypt, pipe, and sheet.

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