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(영문) 대구지방법원 서부지원 2018.12.19 2018고단489
사기
Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

The defendant is a person who has overall control over the general affairs of the company, such as the transfer of the dispute resolution committee, the management of employees, the field management, the preparation and conclusion of the contract with the customer in the same year.

1. On February 2017, the Defendant would pay the victim F of the E office located in Daegu-gu Francing Party D the amount of the G construction ordered at the time of stay to the victim F, as the principal works are completed, by delivering parts entering synthetic timber to the Corporation under a contract with the G construction project operator Co., Ltd. ordered at the time of stay.

“.....”

However, in fact, the LAC failed to pay the price to the customer, and the creditors were in the state of provisional attachment of the above GG construction payment claim against the resident in the KAC, and the defendant was well aware of this fact, and there was no intention or ability to pay the price even if the victim did not deliver the accessories, because of the absence of any particular property.

On March 8, 2017, the Defendant: (a) by deceiving the victim as above; (b) obtained a total of 34,762,200 won, including synthetic timber accessories equivalent to the market price of KRW 34,650,00 from the victim; and (c) obtained a delivery of construction materials equivalent to KRW 34,762,200, which are equivalent to the market price of KRW 112,200 on the 10th of the same month.

2. On February 2017, the Defendant stated that “The Defendant would receive the service cost from a resident at the time of the completion of the G construction ordered at the time of resident stay, as the construction work is completed.” The Defendant said that “The Defendant would pay the service cost.”

However, the defendant did not have the intent or ability to pay the service cost even if the injured party completes the work due to the circumstances such as the above 1.

From February 2017, the defendant deceivings the victim as above, and let the victim do so, the defendant from February 2, 2017.

3. Until the first patrolman, the construction work was carried out by inserting the seal to the construction site and the total service cost of KRW 26,210,000 was not paid, thereby gaining property benefits equivalent to the same amount.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to F, H, and I.

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