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(영문) 수원지방법원 평택지원 2019.07.05 2018고단2060
사기
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a person who operates C in Pyeongtaek-si from August 4, 2016 to February 21, 2018.

1. On December 1, 2016, the Defendant called the victim E to the F operated by the victim E in Pyeongtaek-si on December 2, 2016, the Defendant stated to the effect that “the Defendant would pay the victim KRW 7,00,000 for construction cost within one week after executing the construction work on the H convenience store in Pyeongtaek-si G and the access road adjacent to the JJ located in the same City I.

However, the Defendant, at around 2014, was in a state of bad credit standing due to the Plaintiff’s failure to pay approximately KRW 200 million to the Plaintiff for the amount of KRW 170,000,000,000,000,000, which was collected as a result of the omission of sales, and had been given several suggestions while operating C by lending the name of K. However, there was no particular profit, and the financial shortage has deteriorated due to the occurrence of loss of KRW 20,000,00,000,000, which was paid by the owner of the instant construction in relation to the instant construction. As such, the Defendant used the construction cost received from the owner of the building in relation to the instant construction and the payment of materials, there was no intention or ability to pay the agreed

Nevertheless, the Defendant: (a) by deceiving the victim as above; (b) had the victim complete the packing work on December 10, 2016; and (c) did not pay the construction cost equivalent to KRW 7.7 million in total; and (d) did not acquire property benefits equivalent to the said amount.

2. On July 2017, the Defendant called the N design points operated by the Victim M in Seo-gu Daejeon L, Daejeon, and called “the construction of a new building on the O of Daejeon U.S. O. A. A. A. A. A. A. B. the Defendant entered into a contract with the victim for the manufacture and supply of singckes, etc. on September 6, 2017, “when the supply of singkes is completed, 30 million won for the remainder after receiving construction expenses from Oct. 1, 2017 to Oct. 200.

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