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(영문) 대구지방법원 서부지원 2016.11.30 2016고정282

사기

Text

Defendant shall be punished by a fine of KRW 1,500,000.

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

Reasons

Punishment of the crime

On March 20, 2012, the Defendant made a false statement to the victim E and the victim F, stating that “Around March 20, 2012, the Defendant is the manager of the instant building, who is going up Seoul and paid money by reporting to the Chairperson, to the Chairperson, who is in the Seoul Northern-gu Seoul Northern-gu Seoul Northern-gu (hereinafter referred to as “G”) that “Around March 20, 2012, the Victim E and the victim F should report to the Chairperson, and that the name of the owner is “G”.

However, even though the contract price agreed to be received from the owner is more than KRW 13 million, the victim's construction work is requested to the owner in addition to the victims, and the victim's construction work is completed in excess of the scope of the contract price requested by the owner, the defendant at the time bears an excessive amount of KRW 200 million, and there was no intention or ability to pay the contract price to the victims because there was no certain property or income, and there was no intention or ability to allow the victims to be subcontracted with the officetel construction work which is acceptable to the victims.

As above, the Defendant: (a) induced victims; (b) had them enter into force from the above date to April 10, 2012; and (c) had the victims enter into subcontract construction works, such as repair works, creative construction works, installation works, painting and waterproof construction works; and (d) did not pay the victims E the construction cost equivalent to KRW 5,398,000 and the construction cost equivalent to KRW 7,500,000, respectively; and (b) obtained pecuniary benefits equivalent to KRW 12,898,000,000.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness E, F, H, and I;

1. Application of Acts and subordinate statutes to investigation reports (Attachment of case-related documents submitted by a suspect A);

1. Article 347(1) of the Criminal Act (Selection of Fine) concerning the relevant criminal facts and the choice of punishment;