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(영문) 광주지방법원 2015.10.28 2015고단2009
사기등
Text

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

An application filed by an applicant for compensation shall be dismissed.

Reasons

Punishment of the crime

1. The Defendant is a person who, from April 2012, had been working as a head of a tree tree group at the scene of new construction works of the victim D Co., Ltd., Ltd. located in Jeonsung-gun.

On April 3, 2012, the Defendant received 5 million won, around May 4, 2012, around 8 million won, around May 4, 2012, and around 16 million won on June 5, 2012, respectively, from the victim Co., Ltd., and used 8 million won out of the above money as wages for the victims until June 5, 2012, during the period when he kept for the victims, the Defendant paid 21 million won as wages to the victims from June 5, 2012, and used 21 million won for other construction sites expenses.

Accordingly, the defendant embezzled the victim D's property.

2. Fraud;

A. Around May 7, 2012, the Defendant committed a crime against the Victim F Co., Ltd. with the victim F office operated by H located in Gwangju Mine-gu, and the fact was false to the effect that, despite having no intent or ability to pay the price, even if the construction materials are supplied, the Defendant would immediately pay the price for the construction materials at the first construction site that the construction materials are supplied to the victim F with an internal contract, upon receipt of advance payment and payment for completed portion.

Accordingly, the Defendant by deceiving H as above, received materials equivalent to KRW 26,413,420 from May 21, 2012 to June 8, 2012 from the victim.

B. The Defendant committed a crime against the Victim H around May 7, 2012.

At the place indicated in the port, the fact was false to the effect that “If the victim was unable to use money from the victim H even if he/she borrowed money, he/she would make payment with the money borrowed until June 5, 2012, if he/she borrowed KRW 5 million as he/she borrowed money from the victim H, he/she would make payment with the material price supplied on credit.”

Accordingly, the Defendant, as seen above, was delivered KRW 5 million as the borrowed money by deceiving the victim.

C. The Defendant committed a crime against the victim J Co., Ltd. on May 21, 2012.

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