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(영문) 의정부지방법원 고양지원 2012.09.19 2012고단594

사기

Text

Defendant shall be punished by a fine of KRW 7,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

On January 24, 2008, the Defendant was sentenced to ten months of imprisonment in Seoul Eastern District Court for fraud, etc., and on October 28, 2008, the parole period was expired on November 28, 2008, when the sentence was executed in the Seosung Prison District Court. < Amended by Act No. 9104, Nov. 28, 2008>

On May 31, 2011, the Defendant displayed a written confirmation of the victim E in the multilateral side located adjacent to the D market in Seongbuk-si, Sungnam-si, which was awarded a contract for the removal of the five-story passenger parking buildings outside G in Sungnam-si and the five-story passenger parking buildings outside G in Sungnam-si, which will begin on June 30, 201. The Defendant said that “When the removal work does not proceed within 10 days, the down payment will be immediately returned.”

In addition, “the removal cost may be KRW 180 million, but the total amount shall be KRW 120 million.”

However, at that time, there is no fact that the defendant received a contract for the removal of the above building, and even if he receives the down payment from the victim, he did not have the intention or ability to have the victim make the removal work.

Nevertheless, the Defendant, as above, received 60 million won from the victim to the corporate bank account in the name of the Defendant in the name of the victim as down payment.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement of E;

1. A complaint;

1. Application of Acts and subordinate statutes of each investigation report;

1. Article 347 (1) of the Criminal Act applicable to the relevant criminal facts and Article 347 of the choice of punishment: Selection of a fine;

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

1. The sentencing reason of Article 334(1) of the Criminal Procedure Act for the provisional payment order is equivalent to 60 million won, and the defendant committed the crime of this case during the repeated crime period for the same kind of crime, but the defendant was committed with the victim. Meanwhile, the defendant agreed to the crime of this case and recognized the crime of this case, and all other sentencing factors as shown in the argument of this case shall be sentenced to the same sentence as the order.