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(영문) 창원지방법원 2016.11.23 2015고단2080
사기
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

Around June 1, 2014, the Defendant stated that “The victim D’s office located in the window of Changwon-si Co., Ltd. entered into a contract for Do repair work from E, and that “The amount of capital would be KRW 60 million if 30 million is invested to B, the Defendant would be paid KRW 10 million of profit, and the passbook and seal to be deposited in E would first be 40 million of investment and profit, and the remainder would be changed to B.”

However, at the time of fact, the defendant did not have the intent or ability to pay the investment and profit first to the victim because it is difficult to maintain the financial status of the company operated to the extent that the employee's wages are not paid properly

The defendant deceivings the victim as such, and is under his control, the same month from the victim.

2. The 30 million won was remitted and acquired by fraud.

The Defendant of "2016 Highest 1072" is a person who operated (StateG) from November 201 to January 2015 at the Changwon-si, Changwon-si, Changwon-si.

On July 1, 2014, the Defendant made a false statement to the Victim H that “The Defendant would pay the amount immediately after the completion of the work,” stating that “The Defendant would do the work to prevent water leakage in the 3Dok E located in Yeongdeungpo-gu, Busan Metropolitan City I.”

However, in fact, the Defendant had a debt equivalent to 60 million won at the time, and the (ju)G’s management was unable to operate due to the failure to pay national taxes on December 2014, 2014, because it was difficult to operate the company due to the difficulties in the financial status of the company at the beginning of 2015. Therefore, the victim did not have an intention or ability to pay

The Defendant had the victim perform the work of preventing leakage from July 1, 2014 to July 7, 2014, and exempted the victim from paying the work cost of KRW 15 million, thereby acquiring property profits.

Accordingly, the defendant acquired property benefits by deceiving the victim.

The defendant of "2016 Highest 3358" is the representative director of J, and the defendant on September 30, 2014.

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