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(영문) 수원지방법원 안산지원 2016.12.14 2016고단3691
사기
Text

Defendant shall be punished by a fine of KRW 6,000,000.

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

Reasons

Punishment of the crime

The defendant is a person who engages in a building business.

1. In the end of March 2014, the Defendant called “C” to the victim B, who operates the “C,” and the Defendant made a call to the victim B, who had no intent or ability to pay labor costs from time to time, even though he was supplied with the seal from the victim, the Defendant concluded that “If he sent the seal to the site of the Daejeon Seo-gu D Housing, he would settle the wages without a molding after completing the construction work,” and that it did not pay the amount to the victim for the period from April 3 to May 27, 2014, even if he had the victim complete the housing construction work at the said construction site for the period from April 3 to May 27, 2014.

Accordingly, the Defendant, by deceiving the victim as above, received services equivalent to the total labor cost of KRW 19,760,000 from the victim and acquired pecuniary benefits equivalent to the same amount.

2. On April 2013, the victim E, who is engaged in the construction business at the Pakistan-si, concluded that “The victim E was awarded a subcontract from H during the non-way work and the non-way work among the housing construction works in the Pakistan-si, the housing construction works in the Pakistan-si, and that it would pay the victim the cost of personnel on the face of the main work for human beings and concrete work.” The victim had the victim take human parts from the above construction site during the period from May 1 to July 26, 2013, and did not pay the price.

Accordingly, the Defendant, by deceiving the victim as above, received a total of 6.8 million won from the victim, and acquired pecuniary benefits equivalent to the same amount.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement concerning E and B;

1. Application of the Acts and subordinate statutes of each complaint filed and detailed statement of labor costs;

1. Article 347 (1) of the Criminal Act applicable to the crime;

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;

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