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(영문) 부산지방법원 2016.05.11 2015고단5189
사기
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On February 2, 2014, the Defendant entered into a contract with “E” as a person operating “C” as an engineering work chain, and upon receiving a request from “E”, the executor of the construction site D New Construction Site in Busan, Seo-gu, Busan, for the damage of the ground civil engineering work at the said new construction site.

On November 23, 2014, the Defendant called the victim F's "G office's operation" and called the victim's "G office," and paid the advance payment of 16 million won out of the construction cost of the fish strawer's construction work, which is part of the ground civil construction work in the construction site of the Busan Construction site, to the victim, shall be paid immediately when the equipment is input, and the remainder of the construction cost shall be settled at the end of each month and deposited around the 15th of the following month.

“The meaning of “.......”

However, in fact, even if the Defendant received the price for the ground civil works from the “E”, he did not have the intent or ability to pay the price for the said civil works by the victim because he thought that the Defendant would first pay it to 8 other site companies in the same new construction site.

The Defendant had the victim perform civil engineering works from November 24, 2014 to December 20, 2014, but failed to pay 31 million won for the construction cost, thereby acquiring pecuniary benefits equivalent to the same amount.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness F and H;

1. Part of a protocol concerning the examination of suspect of the defendant;

1. A copy of the electronic tax invoice, a copy of the estimate, and a copy of the D/C performance details;

1. Investigation Report (Listening to Witnesses H’s Statements) - Full statement statement - One copy of the defendant’s statement - The defendant asserts to the effect that the defendant did not have a criminal intent by deception, as he did not receive construction cost payment from the executor, and that the defendant did not receive construction cost payment from the executor, and that he did not have a criminal intent by deception.

However, recognition by the above evidence is based on the victim.

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