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(영문) 대구지방법원 2017.04.12 2017고정396

사기

Text

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

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

Reasons

Punishment of the crime

On July 10, 2014, at a construction site of the fourth floor located in Daegu-gu, Daegu-gu, the Defendant would take the remainder of the construction cost on the completion of the entire construction work when the part of the construction cost of the 1,2th floor building is completed, when the construction site of the 4th floor is completed.

The phrase “ makes a false statement.”

However, the defendant did not have any intent or ability to pay the construction cost even if the injured party has ordered the construction work as above.

The Defendant, as such, deceiving the Defendant and deceiving the victim, from July 10, 2014 to the same year.

8. up to 28.20.00, up to the above new building, pumps were leased for the installation of concrete other works, and equipment was leased for the installation of rains, and the cost was not paid for the total of KRW 2.4 million for the cost of other snow construction works for steel reinforced concrete, KRW 2.0 million for pumps rent, KRW 3 million for non-generation equipment, labor cost of KRW 2.6 million for non-generation installation, KRW 3 million for food, and KRW 10,300,000 for cost of construction works.

Accordingly, the defendant deceivings the victim, thereby acquiring property benefits equivalent to the same amount.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. A certificate for the lease or use of construction machinery, certificate of entry or shipment, list of construction seals, details of the payment of construction works, and application of statutes of the head of a Tong;

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

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;