beta
(영문) 수원지방법원 안산지원 2017.06.29 2017고정54

사기

Text

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

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

Reasons

Punishment of the crime

The defendant is a person who engages in architectural labor.

1. On August 5, 2013, the Defendant made a false statement to the effect that “The Defendant will use and return to the victim one of the charging electric phone for 2 to 3 days within the “D” operated by the victim C located in Ansan-si, Masan-si.”

However, the Defendant did not have any intention or ability to pay rent or return machinery even if he rents the charging electric power from the damaged person.

Nevertheless, the victim, who deceivings the victim and believed it, received the payment of KRW 5,000 per day rent of KRW 5,00 from the victim and received the delivery of KRW 200,000 from the market price of filling electricity to the victim.

2. On August 14, 2013, the Defendant, at the construction site located in the military unit located in the Gangwon Hawon-gun, left the victim with the 'prefrying electricity' to the local area by telephone, and paid the flap rent.

In addition, one cut machine (market price of 310,000 won) and nine cut day (market price of 90,000 won) may be purchased, sent to the construction site.

In different words, ‘the false statement' was made.

However, the defendant did not have the intent or ability to pay the above cutting machines, etc.

The Defendant, as seen above, received a delivery of the sum amounting to KRW 400,000 in the market value of the sum of the nine cutting machines and nine cutting days from the person who was unaware of the victim and believed the victim.

Summary of Evidence

1. Statement made by the police against C;

1. Application of Acts and subordinate statutes on trading specification lists;

1. Relevant Article 347 of the Criminal Act concerning the facts constituting a crime and Article 347 (1) of the Criminal Act concerning the selection of punishment;

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

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;