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(영문) 서울남부지방법원 2016.07.22 2015고단5595
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

The defendant is a man-made fishermen.

1. On December 3, 2013, the Defendant: (a) to the victim G operating a F agency in Seongbuk-gu, Seongbuk-gu, Seongbuk-gu, Seoul Metropolitan Government E apartment complex No. 719 Dong 102 on December 3, 2013, the Defendant supplied the instant apartment complex with the 1 sets, the 1 set, the 1 sets, the cafeteria, the restaurant receipt, and the safe receipt receipt to the said apartment; and (b) to pay the price on December 17, 2013 when changing the Aland Chinese language.

“The phrase “ was false.”

However, at the time, the Defendant had no intent or ability to pay the amount even if he had been unable to pay the amount of fine of KRW 20,000,000 due to the violation of the Punishment of Tax Evaders Act, which is equivalent to KRW 300,000,000,000.

Ultimately, on December 2013, the Defendant: (a) received goods equivalent to KRW 12,190,000 in total market value, such as 1 sets, 1 set, 1 set, 1 set, 1 set, 60,000, and 12,190,000, from the victim of the damage; and (b) received from the victim, the Defendant did not pay the said amount of money.

2. On March 19, 2015, the Defendant issued a false statement to the victim JJ that operates the I wood joint board company located in Seocho-gu Seoul Metropolitan Government H by telephone, stating that “The Defendant would pay the price up to March 23, 2015, on the face of supplying construction materials at the construction site of the Incheon Bupyeong-gu K, the fourth-story Ptex Korea Co., Ltd., Ltd., by telephone.”

However, the Defendant had no intention or ability to pay the amount of the debt at the time, even if he receives the construction materials from the injured party while the amount of the debt was equivalent to KRW 300,00,000,000, and the amount of tax in arrears was equivalent to KRW 1,700,000.

As such, the Defendant: (a) by deceiving the victim and being supplied with joint plates, etc. equivalent to KRW 14,40,760 from the date of the damage to May 1, 2015, the Defendant did not receive construction materials equivalent to KRW 14,40,760 from the date of the damage to May 1, 2015; and (b) obtained economic benefits equivalent to the said amount without paying the said amount.

Summary of Evidence

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