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(영문) 수원지방법원 성남지원 2015.11.26 2015고단2465

사기

Text

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

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

Reasons

Punishment of the crime

The defendant is the actual operator of (ju)C operating indoor building construction business, etc. in Songpa-gu Seoul Metropolitan Government building B.

1. On April 23, 2014, the Defendant sent a phone call to the victim D and asked the victim D to undertake the Incheon E-site short-term construction work ordered in advance by an in-house comprehensive construction company on April 25, 2014. On that hand, the Defendant falsely stated that “The construction cost of KRW 6,820,000 will be paid immediately until May 15, 2014.”

However, the defendant did not have the intention or ability to pay the cost even if the defendant had the victim do the work.

The Defendant, as such, by deceiving the victim, had the victim complete the construction, and instead did not pay an amount equivalent to KRW 6,820,000 for the construction cost, thereby deceiving the victim.

2. On April 25, 2014, the Defendant made a false statement that “The Defendant would pay KRW 15,400,000 for the construction cost up to May 15, 2014, to the victim at the scene of Nam-gu, Incheon, Nam-gu E, Incheon.”

However, the defendant did not have the intention or ability to pay the cost even if the defendant had the victim do the work.

The Defendant, as such, by deceiving the victim, had the victim complete the construction, and instead did not pay the amount equivalent to KRW 15,400,000 for the construction cost, thereby deceiving the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. A copy of electronic tax invoice;

1. Application of Acts and subordinate statutes to investigation reports (Evidence records 90 pages);

1. Article 347 (1) of the Criminal Act and Article 347 of the same Act concerning the applicable criminal facts, the choice of fines;

1. The former part of Article 37 of the Criminal Act, Articles 38 (1) 2 and 50 of the same Act to increase concurrent crimes;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;