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(영문) 창원지방법원 2021.01.29 2020고단3527
사기
Text

Defendant shall be punished by a fine of three million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

On January 2018, the Defendant would pay the amount to the victim C, if he/she orders the victim C to perform the excavation work at the site of new construction work for electric power resource housing located on the counter B of Changwon-si, Changwon-si.

A false statement was made.

However, in the absence of any particular income or asset, the Defendant used the pre-paid construction cost from the contractor for the above construction in the repayment of personal debt, living expenses, etc., and did not have any intent or ability to pay the price to the victim by simply promising to pay it to the victim without any specific financing plan.

Defendant deceiving the victim as above and had the victim do so from January 2018 to April 2018, and did not pay 2,2820,000 won to the victim, thereby acquiring the pecuniary profit equivalent to that amount.

Summary of Evidence

1. Statement by the police against C by the defendant at court;

1. A copy of a civil complaint, a copy of a standard contract for private construction works, a copy of a written statement of payment for construction works, and a certificate of contents

1. Application of the Acts and subordinate statutes for investigation reporting;

1. Article 347 (1) of the Criminal Act applicable to the relevant criminal facts and Article 347 of the choice of punishment;

1. Article 70(1) and Article 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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