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(영문) 서울서부지방법원 2019.09.27 2018고정1108

사기

Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

The defendant is a person who has worked in relation to removal at the house removal site.

On July 14, 2016, the Defendant made a false statement to the employees D of the victim C Co., Ltd. on the Seoul Mapo-gu Construction Site, stating that “The Defendant will pay the transport cost immediately and make a request for the transport of construction waste to the disposal company after shipping construction waste to the B house removal site and transporting it to the disposal company.”

However, the defendant did not have the intent or ability to pay waste disposal costs even if he/she carries out construction waste transport and disposal at the scene of removal B.

As such, the Defendant deceiving the Victim C Co., Ltd., and from July 18, 2016 to the same year.

7. Until 19.26 times, the victim C Co., Ltd. had the victim C Co., Ltd transport the construction wastes and did not pay an amount equivalent to KRW 10 million, thereby acquiring the pecuniary profits equivalent to that amount.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Application of Acts and subordinate statutes to a complaint filed by C Co., Ltd. (including attached detailed statement of deposit transactions);

1. Relevant Article 347 (1) of the Criminal Act concerning criminal facts, the choice of a fine, and the choice of a fine;

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

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;