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(영문) 의정부지방법원 2016.07.21 2016고단1588
사기
Text

A defendant shall be punished by imprisonment for four months.

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

Reasons

Punishment of the crime

1. On September 14, 2015, the Defendant, against the victim D, made a false statement to the victim D by telephone, stating that “The Defendant would make a full payment within one week if he/she lends to the victim D money that he/she has to pay in advance.”

However, the defendant was unable to pay the construction cost from the original contractor at the time, and the defendant was obligated to pay approximately KRW 480 million, and even if he borrowed the money from the damaged party due to the excess of the debt, he did not have the intention or ability to pay the money.

Nevertheless, the Defendant received 6 million won from the injured party on the same day through the Cit Bank account (E) in the name of the Defendant.

2. Around August 2015, the Defendant against the victim F and G was at the construction site of H in Jung-gu Seoul Metropolitan Government, and the Defendant introduced to the said D the equipment provider to lend equipment to the site because he/she is performing civil engineering and removal works among general housing works in Seoul H and I. It is different to introduce the equipment provider to the site. The Defendant would pay equipment costs within a week after the completion of the construction works.

However, the defendant did not have an intention or ability to pay the cost of equipment even if he was provided with equipment for the same reason as Paragraph 1.

Nevertheless, the Defendant received the victim F and G from the victim F, from August 12, 2015 to September 14, 2015, respectively, leased the 06W 06W 06W 08W 08W from the victim F, and from the victim G to the victim F, but did not pay the equipment cost of 2.4 million won and the equipment cost of 3 million won to the victim G, thereby obtaining property benefits equivalent to the sum of 5.4 million won.

3. On August 2015, the Defendant against the victim J made a false statement that “Around the construction site of Jung-gu Seoul Metropolitan Government H to introduce a business entity that treats wastes in Seoul I and H construction site and complete the construction site and pay the cost of waste disposal within a week.”

However, on the grounds of Paragraph 1, the Defendant is responsible for the construction site wastes.

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