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(영문) 대구지방법원 포항지원 2014.11.13 2014고단328

사기

Text

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

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

On July 1, 2012, around 16:00, the Defendant concluded that “The Defendant would pay construction cost of KRW 10 million after the completion date of construction of the 3 stud-down outer walls and rooftop painting construction work to the victim D, who is the operator of the Dog-gu multi-household construction project at the site of the Dog-based multi-household construction project on the ground C at port.”

However, at the time, the Defendant had no intention or ability to prepare the construction cost within a week even if the victim completes the coloring construction work, such as that he/she did not have any particular property or income, and thus, he/she did not have any intention or ability to prepare the construction cost, even if the Defendant did not have any other property or income.

As such, the Defendant, by deceiving the victim, had the victim complete the color construction of the above multi-household house, and did not pay KRW 10 million, thereby acquiring property benefits equivalent to the same amount.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes concerning D police statements;

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

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;