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(영문) 대전지방법원 천안지원 2019.10.11 2019고단797
사기
Text

A defendant shall be punished by imprisonment with prison labor for up to 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

【Criminal Power】 On June 15, 2018, the Defendant was sentenced to a suspended sentence of two years on the 23th of the same month, who violated the Electronic Financial Transactions Act, for six months from the Daejeon District Court’s Branch.

【Criminal Facts】

1. On September 18, 2012, the Defendant: (a) called the victim B by phoneing the victim B at an unspecified place; and (b) stated to the effect that “The Defendant would pay the construction price for the part to the victim B by leaving the interior works of the Dcafeteria located in Bosa City C, and going up and work at the place, as it is not good under the circumstances; and (c) thereby making it an end stage, as it is difficult for the Defendant to do so.”

However, the defendant did not have any intention or ability to pay the construction cost even if the victim completes the construction work in the state that he was employed at the time.

Although the Defendant had the victim complete the above construction work, the Defendant did not pay the construction cost equivalent to KRW 1.2 million.

In this respect, the Defendant acquired pecuniary benefits by deceiving the victim.

2. On October 30, 2013, the criminal defendant against the victim E pays 30,1200,000 won to the victim E at an unsound place, and on the face of a week, he/she will complete the internal test of the victim E.

“........”

However, in fact, the defendant did not pay wages to the employees employed at the time, and even if he received the payment from the victim, he did not have any intention or ability to complete the internal test work.

The Defendant, as a matter of course, is the Defendant’s total sum of KRW 24 million on November 1, 2013, KRW 7 million, KRW 120 million on November 12, 2013, KRW 20 million on December 6, 2013, KRW 200 million on December 8, 2013, KRW 200,000 on December 13, 2013, and KRW 3 million on December 13, 2013.

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