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(영문) 의정부지방법원 2016.02.18 2015고정2717

사기

Text

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

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

Reasons

Punishment of the crime

On September 11, 2013, the Defendant stated that “The Defendant would supply the building materials at the construction site to the complainant at the construction site and make a lump sum payment on the last day of each month at the site,” within the retail store “D” operated by the complainant C ( South, 46 years old) in Songpa-gu Seoul.

In fact, the defendant did not have the intention or ability to pay the price even if he received building materials from the complainant.

Nevertheless, from September 1, 2013 to December 16, 2013, the horses were supplied by the complainants with construction materials equivalent to KRW 10,870,250 at the construction site of Dobong-gu Seoul, Dobong-gu, Seoul, and continued to receive construction materials equivalent to KRW 12,407,50 at the construction site of the F warehouse at Namyang-si, Namyang-si, from January 8, 2014 to February 27, 2014, and received construction materials equivalent to KRW 12,407,750 at the construction site of the F warehouse at Nam-si, Namyang-gu, Seoul, and acquired economic benefits equivalent to the said amount because they did not pay the construction materials.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Application of the Acts and subordinate statutes of the list of materials and the specifications of transactions supplied;

1. Relevant Article 347 (1) of the Criminal Act concerning the facts constituting an offense and Article 347 (1) of the Criminal Act selecting a penalty;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

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