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(영문) 대구지방법원 안동지원 2012.09.24 2011고단569
사기
Text

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

Reasons

Punishment of the crime

1. Around November 22, 2010, the Defendant was a person who operated B furniture points from around September 2009, and was awarded a contract for construction works for the attachment and removal of a hospital to a E hospital from a medical corporation (representative director: D) in the middle of November 2010.

On November 22, 2010, the Defendant made a false statement to the victim’s H office operated by the victim G in Ansan-si, the Sindong-si, stating, “I will establish the E Hospital and receive the construction cost from the E Hospital,” at the victim’s H office operated by the victim G.

However, in fact, while operating B furniture points at the time, there was a revenue of KRW 2.5 million per month, the outstanding amount was about KRW 36 million, KRW 50 million, KRW 50 million, and KRW 10 million, and the victim did not have the intent or ability to pay the construction cost at time, even if he had had the victim do the construction work for the above-mentioned gambling site.

As such, the Defendant, by deceiving the victim, had the victim do so from December 20, 201 to January 10, 201, and did not pay construction cost of KRW 17,680,000 to the victim, thereby acquiring pecuniary benefits equivalent to the same amount.

2. On January 201, 201, the fraud Defendant received an additional contract from a medical corporation for the installation of a phishing cream of an E Hospital from the first police officer around January 201.

Accordingly, on January 201, 201, the Defendant made a false statement to the victim G by phoneing the victim G, stating that “The Defendant would have to receive the construction cost from the E Hospital on the face of a week by installing a scrink in the E Hospital.”

However, the facts are that the victim had no intention or ability to pay the construction cost in time, even if he had had the victim do the said construction work, because he had the obligation as described in Paragraph 1.

On January 201, the Defendant, by deceiving the victim, had the victim do the said construction work, and did not pay the construction cost of KRW 3,048,000 to the first policeman, thereby acquiring pecuniary benefits equivalent to the same amount.

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