(영문) 대전지방법원 2015.07.08 2014고단3654

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(영문) 대전지방법원 2015.07.08 2014고단3654

사기

Text

Defendant shall be punished by a fine of four million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The defendant is a person operating C.

1. The Defendant did not have any intent or ability to pay the construction price to the victims because it is difficult and difficult for the victims to properly settle the construction price at another construction site at the time, even if the Defendant ordered the victims to subcontract the D work.

On October 26, 2009, the Defendant made a false statement to the effect that “the Defendant would pay the construction cost in front of the completion of the civil engineering works in the construction site” to the victim F, and acquired pecuniary benefits equivalent to that amount by failing to make the victim pay KRW 12.7 million out of the construction cost of KRW 43.7 million, and not paying the construction cost of KRW 1,2.7 million from that time until March 19, 2010, as shown in the attached Table 1 through 4, and 6 of the crime list (the amount of damage No. 2 per annum) of the attached Table No. 1 to the victim from March 19, 2010, as stated in the attached Table No. 1 to 36,284,300 won (the amount of damage No. 1. 2).

Accordingly, the defendant, by deceiving the victims, acquired financial benefits equivalent to the above construction cost.

2. On November 10, 2010, the Defendant concluded a lodging contract with the victim I on the condition that the victim I would pay 350,000 won each other at the H published Hostel office located in Ischeon-si G, and concluded a false statement with the victim that “I would pay accommodation expenses to the victim on the job site for construction work.”

However, the defendant is difficult to be in economic situation as above and there was no intention or ability to pay accommodation expenses due to no special income and occupation at the time.

As above, the Defendant, by deceiving the victim, did not pay 1.4 million won of accommodation expenses for four months during the five-month period from the victim, thereby acquiring economic benefits equivalent to the said amount.

Summary of Evidence

1. Partial statement of the defendant;

1. Part of the witness F, J, K, L, M, and N.

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