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(영문) 대전지방법원 2012.05.25 2011고단4001
사기
Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

1. Around February 2010, the Defendant made a false statement to the victim D in the G Construction Co., Ltd. at the public building site at the public building site at the public building site at the public building site at the public building site at the public building site at the public building site at the public building site at the public building site at the public building site at the public building site at the public building site at the site of the construction site

However, in fact, from September 2009 to April 27, 2010, the Defendant was unable to pay 11,69,000 won to the other construction sites, and was investigated by the Labor Agency due to the violation of the Labor Standards Act, and even if the Defendant received the construction payment from E, the Defendant did not have any intent or ability to pay the price as promised by the victim.

The Defendant, as such, by deceiving the victim, was supplied from March 5, 2010 to August 15, 2010 with the amount equivalent to KRW 38,00,000 as construction materials, such as joint board, board, shortage, etc. from March 5, 2010 to the victim.

2. On June 3, 2010, the Defendant made a false statement to the victim D at the H construction site at the public site at the public site at the public site at the public site at the public site at the public site at the public site at the public site, stating, “The construction site at another H construction site at the public site at the public site at the public site at the public site.”

However, on the grounds of the foregoing Paragraph 1, the Defendant did not have any intent or ability to pay the price, as agreed to by the victim, even if he received the construction payment from the I subcontracted the H construction.

The Defendant, by deceiving the victim as such, was supplied with building materials worth KRW 13,00,000 around that time by the victim.

Summary of Evidence

1. Part of the first trial record (the part in which part of the accused's statement is written);

1. Each protocol of examination of the witness J or K;

1. Examination protocol of the accused by prosecution;

1. Statement of the police concerning L;

1. Application of the Acts and subordinate statutes to the complaint, each statement of transactions, each statement of customers, each statement of reply, and each case sent;

1. The relevant Article of the Criminal Act and Article 347(1) of the Criminal Act (amended by Act No. 1020, Jan. 1, 201) are applicable to the sentencing.

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