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청주지방법원 충주지원 2013.06.05 2013고정95

사기

Text

Defendant shall be punished by a fine of KRW 2,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

On April 6, 2012, the Defendant was sentenced to a two-year suspended sentence of imprisonment for a crime of fraud in the Chungcheong District Court’s Chungcheong Branch on April 6, 2012, and the judgment became final and conclusive on April 14, 2012.

On January 20, 2010, the Defendant made a false statement to the victim B, stating, “The Defendant would bring dump trucks to the construction work of the factory site of the Dapju-si, which requires a dump truck, and pay the price at the same time as the dump truck ends on the dump work.”

However, in fact, even if the defendant was in bad credit standing, and even if he did work using dump trucks to the victim by carrying out the business in excess of debt even in relation to the above business, there was no intention or ability to pay the price normally.

As above, the Defendant: (a) by deceiving the victim; and (b) from January 31, 2010 to April 4, 2010, the victim had the victim take advantage of the 12 dump truck’s quantity at the construction site for the factory site of the Chungcheongnam-si, Chungcheongnam-si; and (c) did not pay 3.830,000 won of the price, thereby obtaining pecuniary benefits equivalent to the said amount.

Summary of Evidence

1. Defendant's legal statement;

1. Protocol of the police statement concerning B;

1. Application Form;

1. Each report on investigation;

1. Previous convictions: Application of Acts and subordinate statutes concerning criminal records;

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

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;