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(영문) 대구지방법원 2014.06.27 2013고단6486
사기
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

1. On December 6, 2012, the Defendant acquired a building material from the victim of D’s located in Daegu Northern-gu, Daegu-gu, the Defendant supplied the victim with a building work, stating, “A construction work is being carried out in the construction site of the Daegu Suwon-dong shopping district and the construction work of a new building in an agricultural and fishing village in the Taesung-gun, Taesung-gun, Daegu-si, and that “A person would approve the price of the material during the period between 20 to 30 days of the following month after settling the end of each month when supplying the building material.”

However, the above construction work of the defendant is not normally progress, and the defendant did not have the intent to pay the cost of the construction work to the victim even if the construction work is supplied by the victim due to the shortage of the construction fund.

As above, the Defendant, by making a false statement to the victim, acquired a construction work material equivalent to the total amount of KRW 6,657,844, as indicated in the attached Form List of Crimes (Price for Goods) from the victim, including acquiring a construction work material equivalent to the market value of KRW 2,315,140 from the victim.

2. On November 12, 2012, the Defendant acquired money by deceptioning the victim the victim at a mutually influent restaurant located in Jung-gu, Daegu, Daegu, stating that “I will not drink bed if I wish to pay boom,” and that “I will pay 800,000 won of the Defendant’s boomed value if I will substitute for the boomed value. I would have the victim subrogated to pay 80,000 won.”

However, the construction work for which the defendant is working is not normally progress, and the defendant did not have the intent or ability to pay the amount to the victim even if the victim makes a substitute payment for the value of the construction worker due to the shortage of construction funds.

As above, the defendant made a false statement to the victim and acquired the market price of 800,000 won from the victim, and in the same manner, the attached crime list (amount borrowed) shall be used.

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