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(영문) 청주지방법원 제천지원 2016.07.07 2016고단60
사기
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

The Defendant received from the victim D who sells building materials with the “C” in the “C” name, the studio construction work in the “C” and the studio remodeling work site in the “F”.

1. On August 11, 2014, the Defendant told the victim at the above construction site that “The victim shall additionally supply bathing room materials necessary for the completion of the construction. It is believed that the remodeled room is owned, and that the materials will be deposited in advance until August 2014, when it comes to be supplied, to believe the supply of materials.”

However, at the time, the Defendant was not the owner of the studio for remodeling and was working only for the construction cost that was paid by the owner due to lack of self-sufficiency, but due to considerable scale of additional construction cost, the construction cannot be completed as the construction cost agreed with the owner, and even if he was supplied with materials from the victim, he did not have the intent or ability to pay the materials until August 31, 2014.

The Defendant, as above, received materials equivalent to KRW 16,472,80 in total from 12 times, as shown in the List of Crimes Nos. 1 through 12, as well as from August 28, 2014, by deceiving the victim and receiving bathing materials equivalent to KRW 3,539,100 on the same day from the victim.

2. On September 1, 2014, the Defendant, through the above C, operated by the injured party, said C, and through the A, told the victim to supply gas flobbble, which is a material necessary for the said construction.

However, at the time, the Defendant did not notify the victim of the fact that he was unable to pay the cost of the existing materials that he received from the damaged person in an unsatisfy state as described in paragraph 1, and the Defendant did not intend to pay the cost of the materials even if he received the materials from the damaged person.

The defendant as above.

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