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(영문) 부산지방법원 동부지원 2015.12.16 2015고단389
사기
Text

Defendant

A shall be punished by imprisonment for six months and by imprisonment for three months, respectively.

However, from the date this judgment became final and conclusive, Defendant.

Reasons

Punishment of the crime

The defendants are those engaged in the building business together as the partnership business relationship, and the victim E is those who requested the defendants to perform the inside construction of the restaurant building in preparation for the restaurant opening business from the Busan Young-gu F.

around March 2014, the Defendants received construction cost of KRW 52,200,000 from the victim and continued construction over several times, but failed to comply with the due date of completion as promised, and became the victim demanded payment.

On June 2, 2014, the Defendants: “Additional construction cost of KRW 13,00,000” to the victims in a car page near the construction site.

6. 13. To ensure that cafeterias can be opened by completing construction up to 13. The construction is completed and all together, such as table, air conditioners, and air conditioners, etc.

‘False speech' was made.

However, at the construction site around that time, the Defendants were unable to seek the cost of materials at another construction site due to the shortage of the company operation funds, and even if receiving the additional construction expenses from the victims, they were willing to put them into another construction site, and there was no other property. Therefore, even if receiving the additional construction expenses from the victims, the Defendants did not have the intent or ability to complete the construction by June 13, 2014, which is the due date agreed

Defendants, as soon as possible, have received 9,000,000 won from the victim’s account in the name of Defendant A to the Agricultural Cooperative account in the name of Defendant A’s G,

6.5.1,500,000 won;

6.6.1,000,000

6.7.500,000 won;

6.9.1,000,000 won;

6.14. 430,00 won was remitted in total on six occasions, such as the remittance of 13,430,000 won.

As a result, the Defendants conspired to attract the victim to receive the goods.

Summary of Evidence

1. Defendants’ legal statement

1. Application of Acts and subordinate statutes on police statement to E;

1. Articles 347(1) and 347(1) and 30 of the Criminal Act and the choice of imprisonment

1. Defendants on probation: the sentencing of Article 62(1) of the Criminal Act.

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