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(영문) 대전지방법원 2018.04.12 2017고단4755
사기
Text

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

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On March 13, 2017, the Defendant would pay the victim E the amount of rent of KRW 40,000 per hour for the digging-out of construction machinery, such as digging-out season, etc., from the above construction site to the victim E through D, who is the site captain at the B B construction site on March 13, 2017, and pay the equipment rent of KRW 10,000 per hour for the ppuri, and the monthly rent of the equipment will be paid by the 60th day after each month.

The term “construction machinery lease agreement” was concluded with the purport that it was “.”

However, in fact, as of February 9, 2017, the Defendant, as of F as of February 9, 2017, did not pay the F the rent of KRW 43,4377,00,00 for the temporary site of the construction site, i.e., e., e., a debt in an amount equivalent to KRW 1.43,437,00,000 for the delayed payment of the rent for the construction site, and thus, it was not good that various financial pressure related to the construction project would be difficult to guarantee the performance of the construction project so that it is difficult to properly resolve the construction cost

As such, the Defendant: (a) by deceiving the victim; and (b) by deceiving the victim, the victim had been engaged in construction with the drilling and ppuri equipment from March 13, 2017 to July 12, 2017, the Defendant acquired pecuniary benefits equivalent to 30,1100,000 won of the equipment rent as stated in the attached list of crimes.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness E;

1. A protocol concerning the examination of suspect by some police officers against the defendant (including the E statement);

1. Each police statement protocol with respect to G and E;

1. In the event of an investigation report (person H telephone conversations), a copy of indictment, a criminal investigation report (case review, telephone conversations with other G, data attachment, etc.), a copy of the reply, a copy of the electronic tax invoice, a copy of the head of the Tong, a copy of the document, a copy of the process certificate, a copy of the decision on provisional seizure of claims, a copy of the decision on seizure and collection of bonds, a construction machine lease standard contract, a large scop

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