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(영문) 대구지방법원 2015.11.06 2015고정2196

사기

Text

Defendant shall be punished by a fine of KRW 5,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

On April 12, 2013, the Defendant made a false statement to the victim B at the 2nd coffee bus terminal in Daegu-gu, Daegu-dong-gu, 4, 329-3, that “If the Defendant leased KRW 20 million to the party who was awarded a contract for the removal of the D apartment building on two parcels outside Daegu-gu, North-gu, Seoul-gu, the Defendant would immediately assign the said removal work to KRW 130,000,000 per square, and would promptly pay KRW 20,000,000,000 as the construction commences from September 2013.”

However, the defendant did not have the intention or ability to reduce the removal work for the victim because he was not awarded a contract for the removal work of the above D apartment.

As such, the Defendant, by deceiving the victim as such, received 20 million won from the victim as the borrowed money in the same place.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning B;

1. Application of an agreement or a certificate of borrowing Acts and subordinate statutes;

1. Relevant Article 347 (1) of the Criminal Act concerning criminal facts, the choice of a fine, and the choice of a fine;

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

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;