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(영문) 창원지방법원 마산지원 2014.10.29 2014고단541
사기
Text

A defendant shall be punished by imprisonment for not more than ten months.

Reasons

Punishment of the crime

The Defendant, as the operator of a mutual company called “B,” and, from around 2012 to around 2013, carried out the construction work of a D Factory in the Republic of Korea (State) which is carried out in Haan-gun C.

1. Around September 2012, the Defendant made a false statement to the victim E’s “F restaurant” in the victim E’s operation in the Hannam-gun, Hannam-gun, stating that “The victim would immediately pay the meals to the above construction site employees from the high-pollution State (State) D immediately after receiving the construction cost.”

However, the facts revealed that the Defendant carried out the above construction work without Defendant’s funds, and even if he received the construction payment from the State (State)D due to the lack of financial conditions, he did not have any intent or ability to pay the said amount even if he was provided with the above meal by the victim, such as not notifying the victim of the aforementioned circumstances, but not paying the full amount of the construction payment, even though he was paid by the State (State)D.

The Defendant, from September 2012 to June 30, 2013, received meals equivalent to KRW 3,842,200 from the victim and acquired them by deception.

2. On October 25, 2012, the Defendant made a false statement to the effect that “The Defendant would pay immediate wages to the victims G, who are the trees trees at the instant construction site, to the effect that “the Defendant would pay the construction cost as soon as he would receive the payment from the owner of the trees at the instant construction site from the owner of the trees at the instant construction site.”

However, the defendant did not have the intent or ability to pay the service cost even if the victim was a tree as provided in the preceding paragraph.

The Defendant had the victim perform a tree from October 16, 2012 to November 30, 2012, and did not pay KRW 11 million to the victim, thereby acquiring the pecuniary profits equivalent to the same amount and acquired it by defrauded.

3. The Defendant: (a) on November 201, 2012, the Victim H was a victim H who works for a fluoral area and works for a fluoral.

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