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(영문) 청주지방법원 2016.02.12 2015고단1346
사기
Text

Defendant shall be punished by a fine of 4.5 million won.

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

Reasons

Punishment of the crime

1. 피고인은 2009. 4. 13. 경 불상지에서 피해자 C 주식회사 대표 D에게 “ 화 성시 E 상가 건물 공사를 하는데 샷 시 등 자재를 납품하여 주면 대금은 납품과 동시에 일부 결제하여 주고 나머지는 공사를 마무리하면 주겠다.

The phrase “ makes a false statement.”

However, in fact, the Defendant had a debt of KRW 150 million from around 2002, and there was no special property, and even if the contract price was paid by the contractor, there was no intention or ability to pay all the materials even if the materials were supplied from the damaged party, as it was planned to be used as repayment of the existing debt, living expenses, etc.

The Defendant received materials equivalent to KRW 10,118,990 from the injured party around that time, but paid only KRW 3,756,00 among them, and did not pay KRW 6,362,990.

The defendant was granted property by deceiving the victim.

2. On October 16, 2013, when the Defendant was unable to receive additional materials from the injured party without any change in the amount of unpaid materials, such as Paragraph 1, from the influenite site, the Defendant made a phone call to the representative D of the injured party C, using the Defendant’s pro-dong mobile phone to use the Defendant’s cell phone to make a payment in cash.

The phrase “ makes a false statement.”

However, in fact, the Defendant had no intention or ability to pay the transferred materials and received the materials from the injured party by pretending that he was another person, and still has a large debt, and there was no intention or ability to pay the materials immediately even if he received the materials from the injured party.

The Defendant received materials equivalent to KRW 7,595,480 from October 28, 2013 to November 15, 2013 from the damaged party.

In this respect.

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