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(영문) 인천지방법원 2015.08.12 2015고단694

사기

Text

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

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

Reasons

Punishment of the crime

On February 26, 2014, the Defendant made a false statement to the effect that “Around February 26, 2014, the Defendant will receive construction expenses from Doel General Construction Co., Ltd. for the full payment of the daily allowances from the construction site located in Doel General Construction Co., Ltd., a building site located in Doel Construction Co., Ltd., Ltd., which is ordered by Doel General Construction Co., Ltd., Ltd., for the payment of the daily allowances from Doel General Construction

However, at the time, the Defendant claimed daily allowances for those who did not work at the above construction site and planned to use them as expenses for other construction site. Even if the construction cost was received from the above Doel General Construction Co., Ltd., there was no intention or ability to pay money even if the Defendant received money from the victim.

The Defendant, as above, by deceiving the victim as above, received 324,00 won on the same day as daily allowances from the victim, 567,000 won on the 27th of the same month, around 28th of the same month, KRW 567,00 on the 28th of the same month, KRW 414,000 on the 3th of the same month, KRW 1,350,000 on the 1,350,000 on the 4th of the same month, KRW 810,00 on the 4th of the same month, KRW 405,00 on the 4th of the same month, KRW 810,00 on the 7th of the same month, KRW 810,00 on the 10th of the same month, KRW 810,00 on the 17th of the same month, KRW 810,00 on the 28th of the same month, KRW 108,07858.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of D;

1. A complaint;

1. Application of Acts and subordinate statutes on the current status of payment of deposits and payment of wages;

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. The reason for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order is that the defendant reflects the crime of this case, there is no same criminal record, the amount of fraud is not significant, and deposit 7,00,000 won to the victim, and other various conditions for sentencing such as the defendant's age, character and conduct, environment, motive and circumstance of the crime, and circumstances after the crime.