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(영문) 창원지방법원 2019.05.15 2018고단1490
사기
Text

A defendant shall be punished by imprisonment for four 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

[Criminal Power] On January 12, 2018, the Defendant was sentenced to eight months of imprisonment for the violation of the Punishment of Tax Evaders Act at the Changwon District Court on April 19, 2018, and the judgment became final and conclusive on April 19, 2018.

【Criminal Facts】

The Defendant is a person who runs the construction business in the name of "C" in Kimhae-si B, and around August 31, 2017, the floor painting and partitions equivalent to the construction cost of 18,150,000 won from the Dispute Settlement Bank D, and the company was requested from the same company on September 25, 2017 to do painting construction work equivalent to the construction cost of 22,00,000,000 won, and part of the above construction work was subcontracted to the victim E.

1. On September 2, 2017, the Defendant stated that “The Defendant would give the victim KRW 11,00,000,000 in cash at September 25, 2017, when he/she had the right to set up the floor of the said company,” at the office in the Kimhae-si, Kimhae-si, that “The Defendant would give the victim KRW 11,00,000 in cash at September 25, 2017.

However, even if the defendant received the construction price from the Dispute Resolution at the time, he was willing to use it preferentially in other construction sites, personal debts, etc., and even if the victim did not have the intent or ability to pay the construction price to the victim.

Nevertheless, the Defendant, as such, induced the victim, and caused the victim to do so from September 4, 2017 to September 11, 2017, thereby having the victim carry out construction works on the floor of the said company, thereby having the victim acquire property profits equivalent to KRW 11,00,000 for the construction cost.

2. On October 14, 2017, at the same place as Paragraph 1, the Defendant made a false statement to the effect that “The Defendant would pay KRW 4,200,000 in cash immediately after the completion of the work,” at the same time and at the same time as Paragraph 1.

However, even if the defendant received the construction price from the Dispute Resolution at the time, he was willing to use it preferentially in other construction sites, personal debts, etc., and even if the victim did not have the intent or ability to pay the construction price to the victim.

The Defendant, as such, deceiving the victim, and let the victim take part in it, from October 14, 2017.

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