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대구지방법원 2019.05.24 2018고단5788

A defendant shall be punished by imprisonment for not less than eight months.


Punishment of the crime

"2018 Highest 5788"- The defendant is a person who has been engaged in construction business under the trade name of C.

1. On March 20, 2017, the Defendant concluded that, “A victim B, who engages in the business of repairing and leasing construction machinery with the trade name of the Co., Ltd. of the Co., Ltd. (hereinafter referred to as the “Co., Ltd.”), “Accomp., within the city, there was a failure to repair the upper part of the failure.” In addition, the Defendant concluded that, on the lease of the upper part, the Defendant would pay the upper part to be used without making up for the rent amounting to KRW 2.5 million per month.”

However, the fact is that the construction work of the defendant was fit, and there was no intention or ability to pay the cost of repair and rent to the victim because there was no particular property.

The Defendant, by deceiving the victim as above, did not pay 3.45 million won for the repair cost of the upper half of the death penalty and from that time until August 2018, thereby acquiring financial benefits equivalent to the same amount as the Defendant did not pay rent of 42.5 million won.

2. Around March 20, 2017, the Defendant embezzled the amount equivalent to 68 million won at the upper and lower market price from the victim to 2.5 million won a month, and used it at the third and lower construction site for the victim at the third and lower end. On July 31, 2017, while being kept for the victim, the Defendant refused to return the said upper and lower market without justifiable grounds despite having been requested by the victim for the return of the said upper and lower market due to the non-payment of rent.

"2019 Highest 46" - Fraud against Victims E

1. On February 1, 2017, the Defendant concluded that “The Defendant would pay 4,400,000 won on the last day of each month for the lease of one of the compact presses to the victim E from the victim F at Sejong-si.”

However, in fact, the Defendant did not pay the tax amount of KRW 47,175,310 imposed in 2016 without any specific property at the time, and did not have any specific and reliable means or plan to pay the above rent, and even if having received the construction payment, the Defendant has to pay other debts.