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(영문) 대전지방법원 천안지원 2014.07.03 2013고단1290
사기
Text

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

Around January 2008, the Defendant operated a company C, which is a civil engineering work company, by changing its trade name into D Co., Ltd. on December 201, 2008.

1. Around February 1, 2009, the criminal defendant against the victim E made a false statement to the victim G office located in Dong-gu, Dong-gu, Dong-gu, Dong-gu, Seoul, that “The victim’s employees H work to transport aggregate tin to I. It is necessary to rent dump trucks necessary for the transport of the victim and pay the cost on face.”

However, since the defendant had the money to be paid to other trading companies, there was no intention to pay the money to the victim company with the transportation cost received from the corporation I, and there was no intention to pay the rent to the victim company even if there was any other income.

As above, the Defendant deceptioned the victim company, and had dump trucks leased from the victim company to September 30, 2008, and acquired a total amount of 24,313,000 won.

2. On May 2009, the criminal defendant against the victim J made a false statement that “The defendant would rent a dump truck from a apartment construction site to pay the expenses on the face of the victim by leasing the soil at the site of the apartment construction site.”

However, the defendant had already been paid to another business, so even if he received construction cost from the business entity, he did not have the intent and ability to pay the price to the victim.

The Defendant, by deceiving the victim as above, acquired the economic benefit of using dump trucks equivalent to KRW 8,644,00 from the victim until October 20, 209.

3. On May 2009, the Defendant against the victim K, the victim L, and the victim M is in need of a dump truck in order to transport landscaping seat at the site of the construction site of the electric source housing in front of the food reservoir.

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