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(영문) 대전지방법원 2014.12.24 2014고정1473
사기
Text

1. Defendant shall be punished by a fine of KRW 3,000,000;

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

Reasons

Punishment of the crime

On February 29, 2012, the Defendant entered into a contract with the Seocheon-gun C 1st, which requested the interior works for the purpose of selling clothes (seven square meters) on March 2, 2012, the Defendant received KRW 8,500,000, the construction cost of KRW 18,500,000 from March 2, 2012, and KRW 2,50,000,000, which is the balance, from March 10, 2012, on the condition that the Defendant would be paid at the time of completion of the construction works.

However, even if the complainant receives payment from the complainant to the intermediate payment, there was no intention or ability to complete the interior work requested by the complainant.

The Defendant, as such, by deceiving the complainant, did not complete the interior works despite being paid KRW 16,600,000 from the complainants, thereby obtaining pecuniary benefits equivalent to that amount.

Summary of Evidence

1. Witnesses D and E's respective legal statements;

1. Statement made to D by the police;

1. A complaint;

1. A copy of a bankbook; and

1. A copy of the interior works contract and a statement of interior works;

1. Photographs verifying damage;

1. Application of Acts and subordinate statutes governing reconstruction certification;

1. Relevant provisions of the Criminal Act and Article 347 (1) of the Criminal Act concerning the choice of punishment;

1. Articles 70 (1) 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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