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(영문) 창원지방법원 진주지원 2018.01.30 2016고단1270
사기
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

On September 2014, the Defendant: (a) performed the instant project in the southdo Gun B (hereinafter “instant project”); (b) the victim D, a construction business entity, “the victim E, a victim E, a timber distributor, who is a victim E, a timber distributor, and the victim G, the victim H, and the victim I, respectively, told the victim D to the same purport.

However, in fact, the Defendant did not have any particular property at the time, and did not have received orders other than the instant construction business, and the instant business was merely 41,492,00 won, and even if related materials were paid, no profit remains due to the payment of the total amount of KRW 42,937,681, and the victims did not have any intent or ability to pay the said materials and personnel expenses to the victims, even if they did not pay the total amount of KRW 4,870,00 for the employees previously employed.

Nevertheless, on October 4, 2014, the Defendant received wood materials equivalent to KRW 2,98,00 from the Victim F to the market price of KRW 2,98,00. From the 4th to the 16th day of the same month, the Defendant received secondary materials equivalent to KRW 9,225,400 at the market price from the Victim E and took them out during the same period. During the same period, the Defendant had the Victim D obtain economic benefits equivalent to KRW 923,800 at the expense of the Victim, and had the Victim G, Victim H, and Victim I obtain economic benefits equivalent to KRW 1,320,00 at the expense of the Victim G during the period from the 4th to the 29th day of the same month, by having the Victim G, the Victim H, and the Victim I obtain economic benefits equivalent to KRW 1,320,00 at the expense of the Victim H, labor cost of KRW 1,050,00 for the Victim I.

Summary of Evidence

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Statement made by the prosecution with regard to D;

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