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(영문) 광주지방법원 2017.02.09 2016고단5215
사기
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

Reasons

Punishment of the crime

From September 2014 to August 2015, the Defendant practically operated “D” as the chain of container manufacturing and construction business in the name of “I” in the net City C from around 1,000 to around 2015.

From October 2014, the Defendant, from around 2014, performed five construction works at the same time, including the Y Village Construction, the Y Village Construction, the Y Si Z New Construction, the YA AB, the AB New Construction, and the AC New Construction, and was paid KRW 76 million out of the construction cost of KRW 81 million from the owner of the Y Village New Construction, and the construction cost of KRW 60 million from the AE from the owner of the Z New Construction, and waived the construction by receiving KRW 30 million out of the construction cost of KRW 30 million from the non-existence of the owner of the AA warehouse.

around December 2014, the Defendant, at the construction site of the Y Village New Construction Project, and at the construction site of the victim AF (hereinafter “AF”), paid the payment of the construction cost to AG, who is in charge of the business of the victim AF (hereinafter “AF”).

“.....”

However, even though the Defendant received the construction cost normally from the owner, it was prevented from returning the necessary expenses at the construction site of five sites, and it was prevented from paying the material cost and personnel expenses from December 2014, and there was no intention and ability to pay the cost normally even if the Defendant received the ready-mixed from the victim AF.

Nevertheless, the Defendant: (a) by deceiving the Victim AF as above, received the payment of ready-mixed amounting to KRW 40,742,300 from the Victim AF on December 29, 2014 from the Victim AF; (b) and (c) by May 18, 2015, the Defendant acquired the material amounting to KRW 40,742,30 in total from the Victim AF and the Victim AH Co., Ltd. on 20 occasions, as indicated in the list of crimes in the attached list of crimes.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of each police statement statute to AI and AG;

1. Relevant Article 347 of the Criminal Act concerning the facts constituting an offense and Article 347 (1) of the Criminal Act concerning the selection of punishment;

1. The aggravated Criminal Act for concurrent crimes.

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