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(영문) 부산지방법원 2016.06.02 2015고정2998

사기

Text

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

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

Reasons

Punishment of the crime

On September 15, 2014, the Defendant made a false statement to the victim E in the office of D Co., Ltd. operated by the Defendant in Busan Dong-gu, Busan, that “D Co., Ltd. entrusted the removal work for the non-party to G outside Korea as part of the project for the improvement of the urban environment in Busan, Daegu, Busan, and that D Co., Ltd will give a subcontract for the cost of the removal work.”

However, at the time, D Co., Ltd did not acquire the right to remove the removal construction due to the absence of the preferred bidder, and did not select the construction works.

In addition, the Defendant received money from the injured party and intended to pay KRW 30 million to H and use it as a shortage of operating expenses. Therefore, the Defendant did not have any intent or ability to give a subcontract for the removal work as above.

Nevertheless, the defendant deceivings the victim as such and acquired 20 million won from the victim as a security deposit for construction work.

Summary of Evidence

1. Partial statement of the defendant;

1. Each police statement made to E and H:

1. Characteric message photographs;

1. A contract, agreement, or a contract for construction works;

1. Investigation reports (to make telephone communications with I) (applicable Acts and subordinate statutes to telephone communications with I);

1. Article 347 of the Criminal Act applicable to the crime, Article 347 (1) of the Criminal Act, the selection of fines, and the selection of fines;

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;