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(영문) 청주지방법원 2020.11.10 2020고단1054
사기
Text

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

However, the execution of the above punishment shall be suspended for two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

On July 18, 2018, the Defendant was sentenced to two years of imprisonment with prison labor for a period of six months from the Cheongju District Court to interfere with the exercise of rights, and the judgment became final and conclusive on July 26, 2018.

The Defendant is a person who entered into a subcontract for the commercial construction in the Yeongdeungpo-gu Seoul Metropolitan Government (hereinafter referred to as the “C”) and the commercial construction in the residential population E (hereinafter referred to as the “E”) that D is constructed at the time when the Defendant performed in B, and the victim F is a person who operated the H Co., Ltd. in the Yeongdeungpo-gu G in Young-si, and supplied the building materials to the said “C”.

On April 2016, the Defendant made a false statement to the victim by phoneing the victim and “I will make payment by the end of each month if I will supply materials.”

However, the Defendant was not the head of the field office, and the “E Corporation” was a construction work unrelated to B, and there was no intention or ability to pay the price of the materials even if the materials are supplied by the victim because the Defendant was in excess of the obligation, such as I and other financial institutions with approximately KRW 25 million, and the employees’ wages were not paid properly.

As above, the Defendant, by deceiving the victim, received construction materials equivalent to KRW 14,750,80 in total from April 25, 2016 to July 28, 2016 from the victim, and did not pay the said construction materials, thereby acquiring property benefits equivalent to the said amount.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. A complaint, credit information history, investigation report (in relation to the JC content in the B On-Site), investigation report (in relation to the owner's currency), investigation report (in relation to the contents of the stock exchange), investigation report (in relation to the suspect's KUnion account details), account details, etc., investigation report (in addition to

1. Previous conviction in judgment: Application of Acts and subordinate statutes concerning criminal records;

1. Article 347 (1) of the Criminal Act applicable to the crimes and Article 347 of the Election of Imprisonment;

1. The Criminal Act dealing with concurrent crimes;

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