beta
(영문) 제주지방법원 2018.08.22 2018고단493

사기

Text

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

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

Reasons

Punishment of the crime

[criminal records] On April 18, 2018, the Defendant was sentenced to imprisonment with prison labor for a violation of the Labor Standards Act at the Jeju District Court on April 18, 2018 and was finally decided on April 26, 2018.

[Criminal facts] The Defendant was a person who operated C Company in Jeju City.

On November 12, 2015, the Defendant was at the construction site located in Jeju-si D, and the fact is that, even if the Defendant leased the pumps from the victim E and used the pumps, the Defendant did not have any intent or ability to pay the rent, and even if he did not have any intent or ability to rent the pumps, the Defendant would immediately pay the pump rent to the Defendant who leased the pumps to the said construction site upon the lease of the pumps.

“A false statement” was made.

Ultimately, the Defendant: (a) by deceiving the victim as above; (b) leased one pumps equivalent to KRW 550,00 from the victim’s rent on the same day; and (c) from around that time to December 7, 2016, the Defendant leased the pumps more than five times in total, as indicated in the daily list of crimes, and did not pay rent of KRW 27,50,000,000 in total.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Complaint;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, (A) and Acts and subordinate statutes to report on investigation (verification during trial);

1. Relevant legal provisions of the Criminal Act, Article 347(1) of the Criminal Act, the selection of fines for the crime (the amount shall be determined in consideration of the circumstances agreed with the victim, etc.);

1. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:

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;