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(영문) 부산지방법원 2020.02.19 2019고단3601
사기
Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

On October 26, 2017, the Defendant was sentenced to ten months of imprisonment for fraud, etc. at the Busan District Court on November 3, 2017, and the judgment was finalized on November 3, 2017, and actually operated C, the owner of a new building located in Busan Central District Court B.

1. On July 2017, the Defendant made a false statement to the effect that “The Defendant shall request the victim to supply materials, such as dump, fump, water fump, etc. at the construction site of Busan Jung-gu B-gu, Busan, to pay the cost immediately after delivery,” at the F office of the victim E’s operation located in Busan-gu, Busan.

However, at the time of fact, the Defendant did not have any special assets with bad credit, and did not pay a large amount of the debt, but did not have any special revenue, and the said B loan construction work implemented by C, a corporation operating the said construction work, does not have the intent or ability to pay the amount even if the Defendant was supplied with materials from the victim, as it did not have to be able to borrow a loan from the bank as security without any kind of capital.

Nevertheless, on July 25, 2017, the Defendant received from the victim a delivery of the amount equivalent to KRW 13,476,100, such as salvines.

2. On July 27, 2017, the Defendant made a false statement to the effect that “The Defendant shall request the above victim to supply additional materials at the B construction site. It shall be deposited with the approval letter prior to the front of the delivery.”

However, at the time of fact, the defendant did not have the intention or ability to pay the price even if he was supplied with the materials from the victim under the circumstances of the above Paragraph 1.

Nevertheless, the Defendant received from the victim the amount equivalent to KRW 99,00,00, such as laundry laundry on the same day, and the amount equivalent to KRW 150,700, such as laund on July 31, 2017.

3. On August 2, 2017, the Defendant made a false statement to the effect that “The Defendant shall request the above victim to supply additional materials at the construction site B, because the electronic tax invoice is cut.”

(b).

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