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(영문) 부산지방법원동부지원 2020.11.18 2019고정388
사기
Text

Defendant shall be punished by a fine of 1.5 million won.

Where a defendant fails to pay a fine, one hundred thousand won shall be the day.

Reasons

Punishment of the crime

The defendant is a person who operates C, a landscaped company, in Gyeonggi-si B, and the victim D is a person who operates construction machinery rental business with the trade name of F in Jung-gu Seoul Metropolitan Government E.

On October 2016, the Defendant made a false statement that “The Defendant shall pay KRW 50,000 won per day on the landscaping construction site conducted before G and on the I construction site, which was conducted before G, G, and that the price will be paid as it is received from the executor.”

However, the defendant did not have the intent or ability to pay the amount, even if the defendant had the victim work in the course of cutting off, such as delayed payment of wages to workers.

As such, the Defendant, by deceiving the victim as such, had the victim take care of, from October 19, 2016 to October 23, 2016, and had the victim take care of the excavation work at the site of Kimpo G G construction from October 19, 2016, and from December 18, 2016, acquired property benefits equivalent to 2.310,000 won of the construction cost.

Summary of Evidence

1. During the fourth trial record, the police's statement statement, investigation report (the details of direct handling), investigation report (the confirmation of punishment force against A, etc.) on D on the defendant's protocol of suspect interrogation of some police interrogation of the witness J's statement, the transfer of equipment costs, notification of assignment of claims, assignment of claims, agreement of transfer of claims, written agreement (including attached documents) [the following circumstances acknowledged by the evidence duly adopted and investigated by the court, i.e., the subject of each construction of this case is not K but C operated by the defendant; I was made through the defendant's employees L; and I was to receive equipment costs from K in the form of transfer of claims between the defendant and K, the defendant and the sewage supplier (the equipment leasing company).

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