beta
(영문) 의정부지방법원 2016.06.16 2015고정2535

사기

Text

Defendant shall be punished by a fine of KRW 4,000,000.

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

Reasons

Punishment of the crime

The defendant did not have any intention or ability to pay the price even if the contract for the establishment of the victim C and HD relay system was entered into.

Nevertheless, on August 27, 2014, the Defendant would pay KRW 11 million after the completion of the HD cable connection work before the office E Co., Ltd. in Namyang-si.

A false statement shall be made and the victim shall be from August 27, 2014.

8. Along with the completion of the work until 30.30, it did not pay 11 million won for the construction cost and acquired pecuniary benefits equivalent to that amount.

Summary of Evidence

1. Statement made by C by the witness in the fourth public trial protocol;

1. The Defendant and his defense counsel asserted that there was no obligation to pay construction cost, as the Defendant was only a company member of the Co., Ltd., and there was no obligation to pay construction cost or the victim did not connect cable according to the terms of the contract, and that there was no obligation to pay construction cost by deceit, as there was no obligation to pay construction cost.

In light of the following circumstances, which are acknowledged as a comprehensive consideration of the evidence as stated in the judgment, that is, the defendant seems to have practically led the contract of this case as a director of the company E, the victim accused the defendant in this case, and the defendant paid part of the construction cost after the crime of this case, and the victim seems to have completed the construction work in accordance with the contract, it is sufficiently recognized that the fact of acquiring pecuniary benefits from the victim by deceiving the victim as stated in the crime of this case is sufficiently recognized.

Application of Statutes

1. Article 347 of the Criminal Act applicable to the crime, Article 347 (1) of the Criminal Act, the selection of fines, and the selection of fines;

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

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

1. Article 186 (1) of the Criminal Procedure Act involving Costs of Trial;