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(영문) 부산지방법원 2019.06.05 2019고정499
사기
Text

Defendant shall be punished by a fine of KRW 2,000,000.

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

Reasons

Punishment of the crime

Around June 2017, the Defendant made a false statement to the victim H (33 years of age) of the F apartment G (30 square meters) in Suwon-gu, Busan, that “The Defendant would give KRW 1,50,000,000 for the construction cost on the following day immediately if he/she would give up the construction work of mooring and cutting off the house.”

However, even if the Defendant received the construction cost from the above G, he did not have any intention or ability to pay the victim with the intention to use it as his own living cost.

Nevertheless, the Defendant: (a) by deceiving the victim as above; (b) caused the victim to do so, to do so; and (c) did not pay the construction cost, thereby acquiring pecuniary benefits equivalent to the same amount as the Defendant did not pay the construction cost.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the police interrogation of the accused;

1. Statement of the police statement related H;

1. Application of Acts and subordinate statutes to the complaint (including attached documents);

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;

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