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(영문) 대구지방법원 경주지원 2017.09.14 2017고단143
사기
Text

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

Reasons

Punishment of the crime

On February 26, 2016, the defendant prepared equipment and paid the cost to the victim B by preparing for the work at the same site because he/she received a construction contract from C.

“To the purport, the victim had the victim work for the Corporation or receive the cost of purchasing equipment from the victim.”

However, the Defendant, not C, was supplied with sand screening and crushing construction to D, and the Defendant did not have a nitrote or pen press from among the equipment essential for the process of performing the above sand screening work. In addition, even if the purchase price of equipment, such as decris scrap, was paid from the injured party, the Defendant purchased equipment that can normally operate at the above site and did not have the intent to move and install it at the above site. Therefore, the Defendant could not receive the construction cost from D by performing construction according to an agreement with D.

In addition, the defendant did not have the intention or ability to pay the work price to the victim as agreed unless he receives the work price from D because he did not have any particular property.

On February 26, 2016, the Defendant received the supply of and demand for the production of aggregate from the victim B from the F tea located in Samsung-si on February 26, 2016.

In order to bring wheel chairss to work, 80,000 won per month shall be paid to them.

“Along on March 10, 2016, from around April 30, 2016 to around April 30, 2016, the victim had the victim work with the wheelchairs in the above construction site and did not pay KRW 10,340,000 for the work cost. As indicated in the list of crimes in the separate sheet of crimes, the victim received property or acquired pecuniary benefits of KRW 4,1340,000 in total four times.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the accused by the prosecution (including the part concerning B confrontations);

1. Statement made by the prosecution with regard to D;

1. A protocol concerning the examination of the police officers of the accused;

1. Statement made by the police against B;

1. A complaint;

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