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(영문) 수원지방법원 안산지원 2014.05.20 2014고정293

사기

Text

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

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

On September 13, 2009, the Defendant, at the E office of the victim D’s operation in the Chungcheongbuk-si, stated that “The Defendant received the gas pipeline construction works of the F Apartment-si from the original Cheongcheon-si, the Defendant would immediately pay the victim as soon as he receives the construction cost from G when he supplied the materials on credit.”

However, at that time, the Defendant did not have any special property, and the obligation was transferred to KRW 30 million, and re-exploited by H other than G, and its income was difficult to cope with personnel expenses for the Plaintiff, such as dumping of the said gas pipeline construction, and there was no intention or ability to pay the price even if the Plaintiff was supplied with the gas pipeline material from the victim.

As such, the Defendant, by deceiving the victim, received urban gas pipeline materials from the victim from September 15, 2009 to January 5, 2010, which amount to 15,765,970 won in total, including the market price of 75m/60cm of gas boiler year, from the said F apartment site from around September 15, 200 to around January 5, 201.

Summary of Evidence

1. Defendant's legal statement;

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

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

1. Articles 70 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;