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(영문) 서울서부지방법원 2012.11.08 2012고단1261
사기
Text

1. The sentence against the accused shall be 5,000,000 won;

2. Where the defendant does not pay the above fine;

Reasons

Punishment of the crime

On November 15, 2011, the Defendant entered into a verbal contract on the condition that “the total construction cost shall be KRW 31 million, and the materials cost shall be completed within 10 days,” and then transferred KRW 19,849,600 from the victim to the Agricultural Cooperative account in the name of F in the name of the material cost for the aforementioned construction work,” on the 19th day of the same month, on the condition that “the construction work shall be completed within 10 days,” among the construction work to be performed by the victim D and the project to be performed by the victim as delegated by the victim C, and the construction work to be performed by the victim through the Jung-gu E University, Jung-gu, Seoul.

However, since material costs and personnel expenses that have not been settled in another construction site due to the default of the company, etc. were accumulated, even if the victim receives material costs from the victim, there was no idea to use the materials necessary for the above construction works, and there was no intention or ability to complete the said construction within the commitment period.

The Defendant, by deceiving the victim, obtained the above money by deceiving the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. An interrogation protocol of the police against the accused (two times, replacement);

1. Statement to C by the police;

1. Application of Acts and subordinate statutes on copies of bankbooks;

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 in the Labor House (Article 70 and 69(2) of the Criminal Act (Article 70 and 69(2) of the Act on the Confinement in the Labor House: (a) although the payment of damage was not made completely, the defendant partially proceeded with the construction (However, the defendant was about 50% in the police, and the victim was about 20% in the police, but the defendant's assertion

The defendant did not complete the construction work due to the relationship between the defendant and the victim's failure to receive the construction cost at another construction site, the defendant and the victim's damages amount to KRW 11 million, and the defendant violated the Labor Standards Act on November 3, 2008.

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