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(영문) 광주지방법원 2013.04.05 2012고정2878

사기

Text

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

If the defendant fails to pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

On January 7, 2011, the Defendant made a false statement that the Defendant would pay rent to the victim D as the end of the construction work, by leasing equipment necessary for the interior removal work (i.e., maintenance work) to the victim F, a contractor, in E’s operation.

However, even if the equipment is leased by the defendant, the defendant did not have the intention or ability to pay rent.

As above, the Defendant, by deceiving the victim, did not pay rent of KRW 3,250,000, while he leased and used the equipment of the U. S. S. S. S. S. S. S. S.S. from January 8, 201 to January 17, 201, the Defendant took economic benefits equivalent to the said amount due to the Defendant’s failure to pay rent of KRW 3,250,000

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness D;

1. Application of Acts and subordinate statutes to a work certificate or a construction standard subcontract agreement;

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

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

1. Articles 70 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;