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(영문) 대구지방법원 2015.11.17 2015고단2554
사기
Text

1. The defendant shall be punished by imprisonment for one year;

2.Provided, That the execution of the above sentence shall be suspended for three years from the date this judgment becomes final and conclusive;

Reasons

Punishment of the crime

On June 11, 2015, the Defendant was sentenced to the Daegu District Court for two years of imprisonment with prison labor for fraud. On June 19, 2015, on June 19, 2015, the Defendant is a person who is engaged in construction business with the trade name called C.

"Around October 10, 2011, the Defendant stated that the Defendant would pay the total construction cost of KRW 29.6 million, including the construction cost of KRW 6 million incurred in the existing H work immediately after the completion of the construction work, to the victim F (Seoul and 53 years of age) at the E office located in Yongcheon-si D, Youngcheon-si, Inc., Ltd., and the victim F (Seoul and 53 years of age) at the time of permanent stay in the construction site, including the suspension of the H freezing storage construction work in G and the construction cost of the E freezing warehouse in this site."

However, since the defendant is a person with bad credit standing, and the financial situation was not good due to C's managerial difficulties, even if the victim caused the construction work, he did not have the intent or ability to pay the construction cost.

Accordingly, the Defendant, by deceiving the victim and allowing the victim to build a freezing warehouse from around that time to around 20th of the same month, obtained property benefits equivalent to the same amount by failing to pay KRW 29.6 million.

On February 2012, 2012, the Defendant called “The Defendant would pay KRW 11 million for the work cost within one month after the completion of the construction of the second floor office of the Yeongdeungpo Eprocessing Factory by phoneing the victim I from Youngcheon-si, Youngcheon-si.”

However, in fact, the Defendant did not have any money with bad credit standing, and there was no intention or ability to pay the construction cost even if the Defendant completed the electrical construction, since the financial standing has been extremely deteriorated, such as the failure to pay the construction cost to another subcontractor on time due to the operational difficulties of the Plaintiff.

As above, the Defendant, by deceiving the victim as above, had the victim complete the said electrical construction until the police officer on February 2, 2012, and the construction cost 1.

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