beta
(영문) 수원지방법원 여주지원 2014.06.16 2014고단222

사기

Text

Defendant shall be punished by a fine of seven million won.

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

Reasons

Punishment of the crime

On August 4, 2010, the Defendant: (a) within a marn restaurant in Sungnam-Ying Station B located in Sungnam-Ying Station B, Sungnam-Ying subway Corporation, the Defendant, at any time, may allow another person to undertake the construction work of blasting and earth and sand transport work on the ground that he is a powder owner of a construction company that performs the tunnel construction work. There is a tunnel construction in Seoul Southern-gu circulation, Seoul Southern-si, which may allow blasting and soil transport work during the construction work to be carried out to the party; and (b) thus, the Defendant borrowed the expenses to be incurred in receiving the tunnel construction during the construction work to the party.

However, even if the Defendant borrowed money from the victim, it was thought that it will be used for personal living expenses or debt repayment rather than for receiving the said private tunnel construction. In order for Nonindicted Party D, one of its own will, to receive the said private tunnel construction, there was no other ability to receive the said private tunnel construction in addition to submitting a written estimate to the KF and G, etc. In addition, the Defendant did not have any other capacity to receive the said private tunnel construction in order to obtain the said private tunnel construction. In addition, the Defendant had no intent or ability to repay the said private tunnel construction even if it borrowed money from the victim, as it was assumed by the FF and G, etc. the amount of wage liability equivalent to KRW 6 million, and the amount of money equivalent to KRW 40

Nevertheless, the Defendant, as above, received KRW 27.5 million in total eight times including KRW 10 million on October 29, 201, KRW 10 million on November 9, 2010, KRW 200 million on December 29, 2010, KRW 10 million on December 20, 2010, KRW 100 million on November 20, 201, KRW 500,000 on January 19, 201, KRW 100,000 on February 14, 201, KRW 3 million on March 19, 201, and KRW 27.5 million on March 19, 201.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement regarding C;

1. Investigation report ( Results of suspect account analysis);

1. Application of Acts and subordinate statutes to the details of expenditure of C delivery funds and the detailed statement of related entry and withdrawal;

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 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The order of provisional payment;