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(영문) 부산지방법원 동부지원 2013.08.14 2013고단1845
사기
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On October 10, 2012, the Defendant was sentenced to two years of imprisonment for fraud at the Busan District Court's Dong Branch, which was sentenced to two years of suspension of the execution on December 28, 2012, and the above judgment was finalized on February 19, 2013. On March 30, 2013, the above judgment became final and conclusive on March 30, 2013.

Criminal facts

Around November 1, 2012, the Defendant: (a) at the office D’s office operated by the Defendant located in Suwon-gu, Busan (C301); (b) at AC, which operates the Victim (State) AB, the Defendant deposited money equivalent to KRW 7 billion with the Busan Bank; (c) at the end, the Defendant deposited the money equivalent to the amount of KRW 7 billion with the Busan Bank; and (d) at the time of the public works at the construction site of the new apartment located in Ulsan-gun PP located in Ulsan-gun, Ulsan-gun, Ulsan-gun, U.S. P., the instant company would pay the construction price with the said deposit; and (c) the Defendant

6. around 25.25. AD and other five accounts, presented a deposit certificate drawn up in the name of the director of the branch office of the Busan Bank and the director of the branch office of the Namcheon Bank and the director of the branch office AE.

In fact, however, the above deposit contract was terminated on July 25, 2012, and there was no effect in the above temporary consideration. Since the defendant bears the obligation of several billion won without any particular property at the time, there was no intention or ability to pay the construction cost even if the victim is a civil construction work.

Nevertheless, the Defendant: (a) by deceiving the victim as above; and (b) caused the victim to do so from November 1, 2012 to December 17, 2012, the Defendant acquired pecuniary benefits equivalent to the same amount by failing to pay the construction cost, even though it had the victim perform civil construction works equivalent to KRW 182,773,161 at the construction site of the said new apartment construction site; and (c) had the victim do so.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement to AC;

1. A standard contract for private construction works;

1. Current status of input expenses;

1. Payment certificate;

1. Previous convictions in judgment: criminal records and references;

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