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(영문) 춘천지방법원 강릉지원 2018.04.11 2017고단1469

사기

Text

Defendant shall be punished by a fine of KRW 2,000,000.

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

Reasons

Punishment of the crime

On March 2013, the Defendant was awarded a subcontract for the construction work of a D plant at a “D plant” container from the voice-gun of Chungcheongbuk-gun.

On March 15, 2013, the Defendant: (a) called the victim E by telephone at a shill or lower location on March 15, 2013; and (b) demanded the provision of services by inserting the scke equipment to install it in D factory; (c) the provision of services is completed.

“A false statement” was made.

However, even if the victim provided such service as above, the defendant thought that he was responsible for the payment of the above service costs, and did not intend to pay the service costs to the victim as agreed.

Nevertheless, the Defendant deceivings the victim as if he were to pay the service cost as the provision of the victim’s service end, and thereby, he received from the injured party the sum of the service cost of KRW 4,550,00 from March 15, 2013 to March 26, 2013, and acquired the same pecuniary benefit.

Summary of Evidence

1. Entry of the defendant in part in the first trial record;

1. Legal statement of witness F;

1. Statement protocol by the police for E;

1. A detailed statement, details of deposits for construction works, details of account transactions, and application of Acts and subordinate statutes confirming the lease of each construction machinery;

1. Article 347 (1) of the Criminal Act applicable to the facts constituting an offense;

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