beta
(영문) 울산지방법원 2019.07.19 2019고단997

사기

Text

Defendant shall be punished by a fine of four million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

On March 3, 2015, the Defendant made a false statement to the victim E, “The Victim E has an urgent work in the Lestop in the south-gu F in the port of port. Upon completion of the construction, the Defendant immediately sent KRW 3 million to the cost of the construction, and will be given a great amount in the future.”

However, the defendant did not have the intention or ability to pay the construction cost immediately even if the victim completes the construction due to the aggravation of economic situation.

The Defendant, as above, by deceiving the victim and completing the above construction work (construction work to build a steel structure) on March 2015, the Defendant acquired pecuniary profits equivalent to the same amount by deceiving the victim, but instead, by deceiving the victim to pay the construction cost of three million won to the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement E in the police officer's protocol of interrogation of the accused (second time);

1. Statement to E by the police;

1. Each investigation report (the sequence 5, 10, 12, 15 of the evidence list);

1. Certificates of deposit;

1. Credit information inquiry;

1. Application of the photographic Acts and subordinate statutes;

1. Relevant Article 347 (1) of the Criminal Act concerning the facts constituting a crime and Article 347 (1) of the Selection of Fine;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The crime of this case for the reason of sentencing under Article 334(1) of the Criminal Procedure Act is the crime of this case where, even if the defendant had been punished for the same kind of crime, even though the financial situation at the time when the defendant aggravated and completed the subcontracted construction work, the victim was unaware of the victim's intent or ability to pay the construction cost in time, and the victim did not pay the construction cost so, thereby making the victim complete the above construction work. The crime of this case is not good in light of the method and form of crime, the circumstances at the time of the crime, etc.