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(영문) 인천지방법원 2015.10.28 2015고단2950
사기
Text

A defendant shall be punished by imprisonment with prison labor 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

On July 23, 2015, the Defendant was sentenced to six months of imprisonment for fraud and one year of suspended execution at the Incheon District Court on July 23, 2015, and the judgment became final and conclusive on July 31, 2015.

【Criminal Facts】

The Defendant operated Indian Corporation D in Seocheon-si, Nowon-gu, Seoul. Around 2007, the finance has deteriorated, and since 2011, it was in bad credit and bad credit. In the latter case, the Defendant was in a situation where he was unable to pay the construction cost to the subordinate companies when he received the construction contract money from another construction site due to the so-called return type that he was put into another construction site and was unable to pay the construction cost. Therefore, the victim E did not have any intent or ability to pay the construction cost even if he completed the Indian construction.

Nevertheless, from May 2008 to November 201, 2012, the Defendant made a false statement to the victim three times as follows, and had the victim complete the interior works, and did not pay a total of KRW 22.9 million, and did not pay the construction cost equivalent to the same amount.

1. On May 1, 2008, the Defendant made a false statement to the victim at the G G construction site located in Incheon, stating that “If the Plaintiff is the same as the G store interior, he/she will pay the construction cost,” and that in this context, the Defendant had the victim complete the foregoing interior work on September 10, 201, and did not pay the construction cost of KRW 16 million.

2. Around May 2009, the Defendant made a false statement to the victim “I” located in Yeongdeungpo-gu Seoul Metropolitan Government H, stating that “I will pay the construction cost along with the construction cost that had not been paid before the time when the business was operated with the interior of the first floor store,” and that it had the victim complete the said interior work on or around May 20, 2009, and did not pay the construction cost of KRW 4.6 million.

3. On November 2012, the Defendant paid the Victim the money for the construction of the “K” clothes shop in front of the Seoul Southernbuk-gu J market, “K” to the Victim, and the outstanding amount is also.

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