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(영문) 청주지방법원 2016.08.30 2016고단20
사기
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

However, the execution of the above sentence 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 person who actually operates C with the purpose of aggregate extraction business, etc.

1. On July 2, 2014, the Defendant would pay KRW 5 million each month to the Victim F for the transport of Magyp trucks (G) produced from June 23, 2014 to E Aggregate Extraction Office located in Ischeon-si D, Leecheon-si, by the victim F.

the Corporation.

H said to the effect that it would succeed to the entire contract with the H Company I, which would cause a change in work as it is.

However, the defendant had no intention or ability to pay transportation expenses and equipment usage fees even if he/she had been transported from the injured party, such as he/she had a bad credit standing and delayed payment of wages.

Nevertheless, even if the Defendant had been provided with transportation services and equipment equivalent to 25 million won for five months from June 23, 2014 to December 1 of the same year by deceiving the victim by the foregoing method, and the Defendant did not pay the amount.

2. On July 2, 2014, the Defendant would pay KRW 10 million every month to the victim J at the place before the preceding port of July 2, 2014, including the cost of equipment on the face of the victim who had engaged in the gathering of earth and sand from July 2, 2014 to the victim J from Echeon-si (K).

“.....”

However, even if the Defendant leased the digging season from the injured party and received earth and sand gathering services, the Defendant did not have any intent or ability to pay the service cost and equipment user fee.

Nevertheless, even though the defendant deceivings the victim by the above method and was provided with soil and sand collection services and equipment equivalent to KRW 50 million from July 2, 2014 to December 3 of the same year by the victim, the defendant did not pay the amount.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness, L, F and M;

1. A protocol of examination of a suspect against each part of the defendant by the prosecution (including F, L, or M, part of the examination);

1. A copy of a standard agreement for the lease of each construction machinery;

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