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(영문) 창원지방법원 진주지원 2016.06.08 2015고단782
사기
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

[2015 Highest 782] The Defendant paid 4,329,000 won to the victim D when completing the construction work at the "C" mountain uniform store in Jinju-si, Jinju-si, Haak-si, which is located in B. In June 2014, the Defendant completed the construction work.

“.....”

However, in fact, the Defendant did not properly operate the so-called "Saundok" store operated by the Defendant around 2014, and the Defendant was in a state of insufficient funds to open and operate a new store, such as not paying the construction cost or the wages of the parts of the removal work. Therefore, even if the victim completed shower construction, the Defendant did not have any intent or ability to pay the construction cost.

As such, the Defendant: (a) by deceiving the victim; (b) caused the victim to do so from July 5, 2014 to July 7, 2014; and (c) did not pay the shower construction work at the above mountain uniform store; and (d) did not pay the amount equivalent to KRW 4,329,000 for the construction cost, thereby obtaining pecuniary benefits equivalent to the said amount.

[2015 Highest 1046]

1. On July 4, 2014, the Defendant would pay KRW 2,70,00,000 to the victim E (56 tax) who is a paint construction business operator at the site of “C” and “the cost of the interior and outer wall color construction work” at the site of the facility construction of mountain clothes store operated by the Defendant in Jinju-si.

“The meaning of “.......”

However, in fact, the defendant was unable to make up for the profit in the mountain uniform store operated in another area at the time, and there was a lack of funds to open a new store and operate it. Therefore, even if the injured party completed the construction work, he did not have the intent

The Defendant: (a) deceiving the victim as above; (b) had the victim do the color construction work for the above burial from around that time to around the same month; and (c) did not pay the construction cost of KRW 2.7 million, thereby acquiring financial benefits equivalent to the same amount.

2. On July 6, 2014, the Defendant: (a) around the foregoing “C” and other mountain uniforms burial works.

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