(영문) 전주지방법원 군산지원 2013.10.30 2013고단206

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(영문) 전주지방법원 군산지원 2013.10.30 2013고단206

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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. Around March 20, 2009, the Defendant made a false statement to the effect that “The Defendant shall install a DNA elevator at a place where it is not known to the victim C,” by phoneing the victim C, and that “The Defendant would receive payment of the construction cost after the completion of the construction work and the payment of the construction cost is made within 10 days from the date of the payment of the construction cost”.

However, in fact, the Defendant was unable to pay the wages and material expenses for the human beings in the construction site without any specific property at the time, and was liable for the previous wages and transportation expenses, etc., and was not paid with the tax imposed on him, so there was no intention or ability to pay the fee normally even if the Defendant leased and used the scrap from the victim.

Ultimately, the Defendant, as above, by deceiving the victim and using it from March 20, 2009 to March 28, 2009, acquired a pecuniary benefit equivalent to the same amount by not paying the sum of KRW 3,300,000, even though he leased and used 1 cater from March 2009 to March 28, 209.

2. On June 20, 2009, the Defendant made a telephone call to the victim C at a place where it is unknown, and made a false statement to the effect that “The F works in Dongjak-gu Seoul Metropolitan Government E are to be undertaken, and the Defendant would pay the Crae’s full amount of the Crae fee including the Crae fee of KRW 3,300,000,000,000,000,000,000 won, which had not been paid within 10 days from the date of the payment

However, as described in the above Paragraph 1, the defendant did not have the intention or ability to pay the user fee normally even if he rents and uses the server from the victim.

Ultimately, the Defendant deceivings the victim as above, and thereby deceivings three persons from June 2009 to July 10, 2009.

유사 판례

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