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(영문) 수원지방법원 안산지원 2016.11.30 2016고정1239

사기

Text

Defendant shall be punished by a fine of KRW 80,000.

Where the defendant fails to pay the above fine, one hundred thousand won shall be one day.

Reasons

Punishment of the crime

On May 2014, the Defendant stated that “D” offices located in Ansan-si, Ansan-si, the Defendant would pay the victim E with the amount of work KRW 400,000 per day (12 hours) for sea drinking-water collection and planting, etc. from the farm operated by the Defendant, and KRW 250,000 per day (250,000) for sea drinking-water.”

However, even if the defendant had the victim do so, he did not have the intention or ability to pay the price.

The Defendant had the victim obtain a total of KRW 1,050,00 from the Defendant’s farm by allowing the victim to do so on four occasions on May 27, 2014, May 12, 2014, May 31, 2014, and October 14, 2014.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of E;

1. Each construction machinery operation confirmation certificate (the defendant and his defense counsel asserted that the defendant had the ability and intent at the time, but the above evidences are as follows. In other words, the defendant did not pay even some of the amount after the victim's work was completed, the defendant did not own property, and the defendant stated that he would pay the amount of money to the victim because he did not specify the date of payment to the victim. In light of the above, it is reasonable to deem that the defendant had no ability and intent to pay the amount. Thus, the above argument by the defendant and his defense counsel is without merit).

1. Relevant provisions of the Criminal Act and Article 347 (1) of the Criminal Act concerning the selection of punishment;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Articles 70 (1) 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;

1. It is ordered on the grounds of Article 186(1) of the Criminal Procedure Act.