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(영문) 제주지방법원 2020.04.24 2020고정97

사기

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Defendant shall be punished by a fine not exceeding one million won.

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

Reasons

Punishment of the crime

The Defendant is a person who runs a construction business in the name of “C” in Jeju City B.

On June 8, 2018, the Defendant called the victim D (the age of 39) to pay the amount of rent for cutting-off and wage without a mold when digging-off work is performed in E, F and G areas.

However, the defendant did not have the intention or ability to pay the price even if he has been provided with the service of cutting off from the victim.

As above, the Defendant, by deceiving the victim as above, was provided by the victim with the services from June 9, 2018 to August 3, 2018, and acquired the total amount of KRW 4,235,00 in property interest equivalent to the value of the services provided during the eight-day period (referring to June 9, 2018; June 12, 2018; June 14, 2018; June 15, 2018; June 16, 2018; June 16, 2018; Amended by Act No. 15880, Jun. 18, 2018; Act No. 15883, Jul. 13, 2018; Act No. 15837, Aug. 3, 2018).

Summary of Evidence

1. Partial statement of the suspect interrogation protocol of the defendant prepared by the police;

1. Statement made by the police about D's written statement; and

1. Description of a petition for complaint filed in DNA;

1. Statement (including attached documents) of investigation report (including credit information about A of a suspect) on police preparation;

1. Application of each statute to each of the general terms and conditions of the lease of construction machinery, each of the standard terms and conditions of the lease of construction machinery, each copy of the contract and the certificate of work, each of the specifications of transactions

1. Article 347 (1) of the Criminal Act, comprehensively including the corresponding legal provisions and the choice of punishment for a crime;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order is 【The scope of applicable sentences under law】 A fine of KRW 50,000,000 from 200,000,000,000 won or more. It is so decided as per Disposition.