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(영문) 광주지방법원 2018.10.11 2018고정886
사기
Text

Defendant shall be punished by a fine of KRW 300,000.

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

Reasons

Punishment of the crime

On June 21, 2018, the Defendant was sentenced to eight months of imprisonment with prison labor at the Gwangju District Court for fraud, etc., and the said judgment became final and conclusive on June 29, 2018.

On March 19, 2011, the Defendant made a false statement to the victim D at a construction site in Gwangju Dong-gu, Gwangju, stating that “I would immediately pay the cost and personnel expenses as soon as the construction work ends by attaching the C front sound and glass to the victim D.”

However, the defendant did not have any intention or ability to pay the price even if the victim did not have any other property to attach a string and glass to the victim.

The Defendant: (a) deceiving the victim as above; (b) had the victim establish 4,5m glass of 8m, 9, 5m glass of 5m, and 2m glass of 8m; and (c) did not pay the total amount of 1,102,000 won and personnel expenses; and (d) acquired pecuniary benefits equivalent to that amount.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to D or E;

1. Detailed statement of transactions;

1. Previous convictions in judgment: Application of the text of judgment and inquiry of cases;

1. Relevant Article 347 (1) of the Criminal Act concerning the facts constituting an offense and Article 347 (1) of the Criminal Act selecting a penalty;

1. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:

1. Articles 70 and 69 (2) of the Criminal Act to attract a workhouse;

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

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