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(영문) 울산지방법원 2017.11.15 2017고단2540
사기
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On January 23, 2017, the Defendant stated that “Around January 23, 2017, the Defendant would pay the price in cash in cash on the 15th day of the following month to the victim D (62: (a) at the Defendant’s office located in Chungcheongnam-gun, Chungcheongnam-gun, Kimcheon-si, to supply necessary materials to the Korea Housing Corporation located in Kimcheon-si; and (b)”.

However, in fact, the Defendant did not have any property owned by the Defendant, and the Defendant did not have any obligation equivalent to KRW 40,00,000, and the Defendant had any obligation to F, etc., and the Defendant did not pay wages to the employees of the Defendant’s management company. As such, there was no intention or ability to pay the price on the date of promise even if the Defendant was supplied with materials from the victims.

Nevertheless, the defendant deceivings the victim as above and causes the same damage.

2. 7. The equipment obtained from the injured party the material amounting to KRW 1,072,00 in total at the market price of 600 meters, such as 1,072,00.

"2017 Highest 3384"

1. On March 17, 2015, the Defendant drafted a standard contract for private construction works related to the construction of detached houses with the victim I at the H office located in Daegu North-gu, Daegu-gu, stating that the Defendant would pay the victim the remainder of 50% upon the completion of the construction work by paying 50% of the construction cost at the end of March 2015, when the construction work is completed, on or around March 17, 2015.

However, the Defendant had no intention or ability to pay the construction cost even if the Defendant had been paid approximately KRW 90 million as the construction cost by K, who was the higher class of the Defendant’s management, and the victim did not pay it to the victim, etc., at the time of completing the construction work.

The defendant deceivings the victim as above, and his deceivings the victim from March 20, 2015 to May 10, 2015.

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