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(영문) 청주지방법원 2018.10.30 2018고단433

사기

Text

Defendant shall be punished by a fine of KRW 1,500,000.

If the defendant does not pay the above fine, the amount of KRW 100,000 shall be paid.

Reasons

Punishment of the crime

around 17:00 on July 18, 2017, the Defendant told the victim D by telephone at the Heungdong-gu, Chungcheongnam-gu, Chungcheongnam-gu, Chungcheongnam-gu, Chungcheongnam-gu, U.S. to pay the cost of equipment to the account to the victim D.

However, as above, the Defendant did not have any intent or ability to pay the price as promised even if the victim took part in the work.

As above, the Defendant: (a) had the victim deceiving the victim as above; (b) had the victim do work from around 08:00 on July 19, 2017 to around 18:00 on the following day; and (c) had the victim acquire financial benefits equivalent to the amount of KRW 6.50,000 at the market price of the above building.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement made by the police against D;

1. Application of Acts and subordinate statutes to investigation reports (investigation into the payment details of the counter party construction cost, such as building owners);

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;