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(영문) 서울동부지방법원 2015.09.18 2015고정1260

사기

Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

The Defendant, from October 10, 2013 to April 2, 2015, was a person who used to design, produce, and install a signboard with the trade name “C” in Gwangjin-gu Seoul Special Metropolitan City.

On October 10, 2013, the Defendant made a false statement to the victim D at the above C office that “The Defendant was ordered by the Seoul Gangnam-gu Seoul, Dongdaemun-gu, the Seoul Metropolitan City branch of Sungnam-si, etc. to install apartment buildings, restaurants, and clothing store signboards in the area of Sungnam-si. The Defendant would pay additional rent of KRW 350,000 per hour in the case of night work, and KRW 50,000 per hour in the case of the night work.”

However, there was no intention or ability to pay rent even if the equipment is leased from the victim because the financial condition of the individual rehabilitation application has deteriorated on April 2013 at that time.

On October 11, 2013 and October 21, 2013 of the same month, the Defendant, while leasing sckes from the victim, did not pay rent of one million won, and obtained the pecuniary profits equivalent to the same amount of money from the victim, from that time, through the same method until April 12, 2014, acquired the pecuniary profits equivalent to KRW 9,573,00 in total seven times, such as in the list of crimes.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement concerning D;

1. Each tax invoice;

1. The application of the Act and subordinate statutes to the bank account in the name of the suspect, the certificate of deposit transactions in the bank account in the name of the suspect, and the certificate of deposit transactions in G

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