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(영문) 대전지방법원 2015.06.25 2015고단403
사기
Text

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

Reasons

Punishment of the crime

On January 21, 2015, the Defendant was sentenced to a suspended sentence of one year and six months for fraud at the Daejeon District Court on January 21, 2015 and the said judgment became final and conclusive on January 29, 2015.

On January 2013, the Defendant, a person operating Co., Ltd., said that “The victim F will pay the work 60 days after settling the accounts by one month at one side of the week,” at the site of multi-purpose lecture and meal room in the Daejeon Seo-gu E Middle School D.”

As a result, from January 2013 to August 201 of the same month, the Defendant listened to the purport that, even though the Defendant had the victim work at the construction site from around January 2013 to around the same month, it would delay the payment of the work price and would no longer work due to the victim’s failure to receive the above payment from the victim, the Defendant made a false statement to the effect that “the Defendant is unable to pay the work price upon seizure. It would be possible to pay the work price upon resolution only by seized documents.”

However, the Defendant did not have any intent or ability to pay the work price even if the Defendant had the victim do so because of excessive liabilities, such as the amount of the unpaid construction cost at four construction sites, including the above construction cost, and the amount of the seized construction cost reaches approximately KRW 2 billion, KRW 3.5 billion, and the employees could not pay wages.

Nevertheless, the Defendant had the victim work at the above construction site from September 2013 to November 201 of the same year and did not pay the amount.

Accordingly, the defendant was provided with services by deceiving the victim.

Summary of Evidence

1. Partial statement of the defendant;

1. The prosecutor's statement concerning G;

1. The police statement concerning F;

1.Each.

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