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(영문) 의정부지방법원 고양지원 2014.02.06 2013고정568
사기
Text

Defendant shall be punished by a fine of KRW 1,000,000.

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

Reasons

Punishment of the crime

On January 1, 2012, the Defendant told the victim E to supply the “G construction early safety inspection and comprehensive report services” from F to KRW 23 million in the office of the Defendant’s management D office located in Seongdong-gu, Sungnam-si, Sungnam-si, to jointly provide the services. In receipt of the service payment, the Defendant stated that the victim E will take advantage of profits, excluding the service cost.”

However, on December 26, 201, the Defendant was paid 15 million won out of the above service payment by F on or around December 26, 201, and the remainder of the service payment was agreed by the Defendant to offset the F’s obligations. Therefore, even if the above service is performed, the Defendant was unable to receive the service payment from F.

The defendant had the victim pay 7,530,790 won for expenses, such as personnel expenses, in the course of performing the above service.

Accordingly, the defendant, by deceiving the victim, acquired property benefits equivalent to the above amount.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness E and H;

1. Statement of prosecutorial statement concerning E;

1. Application of Acts and subordinate statutes of service contract;

1. Article 347 (1) of the Criminal Act and the choice of a fine concerning the crime;

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;

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