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(영문) 광주지방법원 목포지원 2019.04.30 2018고단1144
사기
Text

A defendant shall be punished by imprisonment for four months.

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

Reasons

Punishment of the crime

The Defendant is an employee of the Dong-gu Seoul Co., Ltd. (hereinafter referred to as “C”), and the victim D is the representative director of the E Co., Ltd. (hereinafter referred to as “E”).

On January 2014, the Defendant introduced himself as C’s director at the E company office located in F at F at the time of F, and made a false statement to the effect that “If the Defendant had the authority to conclude a contract for construction on behalf of C, he would pay the amount after the completion of construction if he would have been able to perform the work of entering the company in Yongnam-gun G, etc.” to the victim.

However, in fact, the Defendant did not have the legitimate authority to conclude a construction contract on behalf of C, and entered into a contract by setting the construction cost at a lower rate in think of the increase in the construction performance result, and the Defendant did not have any intent or ability to pay the price even if the victim completes the construction work on behalf of C because the financial poor situation was to use the urban gas installation cost received from the building owners as other construction cost, repayment of debts, living expenses, etc.

Nevertheless, the Defendant made the victim enter into a contract for the construction work with the Corporation, and had the victim enter into the contract, and around May 2015, the Defendant acquired 1,630,000,000 won in total and 2,320,000 won in total, and 4,928,000 won in total, and 55,00 won in total, including the housing located in Sinpo-si I around July 2015, as to the housing located in Sinpo-si, Yongnam-gun, Yongnam-gun, Seoul, for the construction work of KRW 30,00,00 in total and KRW 2,4189,00 in total, as well as KRW 1,630,00 in total, and around August 2015, the Defendant did not make the payment.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of D police statement;

1. A complaint, or a decision on the payment of construction cost under 2017Na52206;

1. An investigation report (Submission of Materials by Complainant), unit price contract, tax invoice, etc.;

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