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(영문) 창원지방법원 마산지원 2021.01.27 2020고단1180
사기
Text

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

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a person who operates the U.S.C (closed on February 29, 2020), and the victims are those who received a request from the defendant for transportation, such as soil and sand.

In November 2019, the Defendant would pay the victim D with money from the Changwon-si, Changwon-si, to the new port of transport. The Defendant would receive the money from the Changwon-si, Changwon-si, to the new port of transport.

“.....”

However, the Defendant did not pay 31,158,00 won for the card on December 2019, and paid 16,98,000 won to the Credit Guarantee Fund and 86,483,000 won for the loan to F. The Defendant spent the money received from the original Administration as the wages payment for the employees belonging to the Defendant’s management company, the said debt repayment, and the living expenses.

Due to that, even if you received money from the Administration, there was no intention or ability to pay the cost of transport work to the victim D.

As above, the Defendant: (a) had been provided with soil and sand transport services equivalent to KRW 17,629,700 (including surcharges) from December 2, 2019 to January 20, 2020; and (b) had been provided from the victims with soil and sand transport services equivalent to KRW 17,629,700 (including surcharges); and (c) had been provided with transportation services such as soil and sand equivalent to KRW 28,260,100 in total from the victims by January 31, 2020 through the same method as the list of crimes in the attached Table.

[In this regard, the defendant did not have the intention of defraudation.]

The argument is asserted.

The criminal intent of defraudation, which is a subjective constituent element of fraud, shall be determined by taking into account the objective circumstances such as the defendant's financial history, environment, details of the crime, and the process of transaction before and after the crime, unless the defendant makes a confession, and the criminal intent is sufficient not to be a conclusive intention but to do so.

Even if the defendant's statement is based on the defendant's statement, from September to October 2019, the defendant is in arrears and this is.

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