(영문) 전주지방법원 남원지원 2016.03.02 2015고정90

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(영문) 전주지방법원 남원지원 2016.03.02 2015고정90

사기

Text

The defendant shall be innocent.

Reasons

1. The summary of the facts charged is as follows: (a) the Defendant sent to the victim D, who operates “C” by telephone at an infinite city (hereinafter referred to as “C”) around April 19, 2013.

different types.

After the completion of the work, the payment of the cost shall be made.

“.....”

However, the Defendant had no intention or ability to pay the amount, even if he was provided by the injured party with his personal debt at the time, due to the fact that the Defendant had a very difficult economic situation, such as not paying the amount of the credit card use fee to the injured party.

Ultimately, the Defendant, as above, deceiving the victim and deceiving him/her of the victim on April 19, 2013; four vice-person around April 19, 201; six vice-person around the 22th of the same month; one vice-person around the 25th of the same month; one vice-person around the 26th of the same month; and one vice-person around the 26th of the same month;

5.8. There was no payment of KRW 1,360,000 in the same amount even though one of the two persons was provided, thereby acquiring economic benefits equivalent to the same amount.

2. It is true that the summary of the defendant's and defense counsel's assertion did not pay part of the personnel expenses to the victim.

However, the Defendant received human resources from the injured party and carried out the tree extraction work requested by E, and the Defendant failed to pay labor expenses to the injured party, and the Defendant did not have any intent or ability to pay labor expenses to the injured party from the beginning.

Therefore, since it is not possible to recognize the criminal intent of defraudation by the accused, it is not possible to ask the accused to commit the crime of fraud.

3. Determination

A. Whether fraud is established shall be determined at the time of granting property or acquiring pecuniary benefits. Thus, if the defendant entered into a human resources supply contract with the victim and had the intent and ability to pay the personnel expenses at the time of receiving the human resources supply, the changes in economic conditions thereafter shall be made in personnel expenses.

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