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(영문) 창원지방법원 진주지원 2017.08.10 2017고정149

사기

Text

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

Where a defendant fails to pay a fine, one hundred thousand won shall be the day.

Reasons

Punishment of the crime

In July 2015, the Defendant was awarded a subcontract for the part of the structural construction of the structural construction of 3 gate in the South Sea to the victim in the E office of the victim D operation in Jinju-si, Jinju-si. The Defendant would pay the rent for the lease of the temporary materials until August 30, 2015. < Amended by Presidential Decree No. 26748, Aug. 30, 2015>

“A false statement” was made.

However, the defendant did not have any intention or ability to pay rent, as he thought that it will be used for the repayment of existing debts, even if the unpaid labor cost is up to eight million won and the construction cost is paid from subordinate debts.

Accordingly, the Defendant, as such, deceiving the victim and deceiving the victim, from July 27, 2015 to the same year from the victim.

8. Until December 21, 200, the temporary materials were leased and the rent of KRW 5,357,200 was paid, thereby acquiring pecuniary profits equivalent to that amount.

Summary of Evidence

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Statement made by the police with regard to D or F;

1. Complaint;

1. Statement of details of transactions, inquiry of details of deposit transactions, current status of deposits and claims by transaction partner, and statement of deposit transactions in Nonghyup G G in the name of Won;

1. Application of Acts and subordinate statutes to each investigation report (specific amount of damage, and verification of the amount of delayed payment of suspect wages);

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;

1. Reasons for sentencing of Article 334(1) of the Criminal Procedure Act - No. 334(1) of the Provisional Payment Order