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A defendant shall be punished by imprisonment for a term of one year and three months.
The defendant shall pay 15 million won to the applicant for fraud.
3.2
Reasons
Punishment of the crime
[Judgment of the court below]
1. On July 15, 2010, the criminal defendant against the victim D made a false statement to the victim D, who is the representative director of the company, in the F office located in Newannam-gun E on July 15, 2010, stating that the victim D, who is the representative director of the said company, would receive the construction cost if the concrete was supplied.
However, since the financial situation is not sufficiently sufficient, the defendant did not have the intent or ability to pay the cost when he received concrete from the victim because he thought that he would be used first in paying the cost of labor or material costs even if he received the cost of construction.
Therefore, even though the Defendant was supplied with a total sum of 52,130,797 won from the victim from July 21, 2010 to April 5, 2011, the Defendant paid the remainder of 46,130,797 won only once from October 16, 2010.
Accordingly, the defendant acquired concrete amounting to KRW 46,130,797 from the victim.
2. On September 4, 2010, the Defendant against the victim G made a false statement to the victim G of the former, New-Naman-gun H stating that “When the construction materials are supplied to the construction site, the Defendant would receive the construction cost and immediately pay the value of the materials and freight transport cost as the construction work ends.”
However, since the financial situation is not sufficient, the defendant did not have the intention or ability to pay the cost, even if he did not receive the cost of construction, even if he had the idea to use it first, and even if he received the construction material from the victim.
Therefore, the Defendant, from September 4, 201 to April 13, 201, supplied with the amount equivalent to KRW 7,742,00 from the victim to April 13, 201, paid only KRW 3 million from February 23, 201, while the Defendant, from September 30, 201 to January 4, 201, supplied the amount equivalent to KRW 18,62,56 to KRW 18,62,56 from September 30 to January 4, 201.