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(영문) 서울서부지방법원 2012.05.17 2012고정607
사기
Text

1. The defendant shall be punished by a fine of one million won;

2. 50,000 won where the defendant does not pay the above fine.

Reasons

Punishment of the crime

The Defendant, upon receipt of the construction cost as a person who engages in daily work, did not accept the payment as if he would pay it, and did not pay it to all the paid construction cost after performing the housing repair work.

On June 2011, the Defendant stated that “The Defendant would take charge of the Housing Repair Work, and would take the cost of construction, such as material cost and personnel expenses, as the roof construction work was completed on the face of the piracy,” to the victim D during the Pacific War.”

However, the fact is that the defendant received the payment of the construction cost from E requested by the Housing Corporation, and only he intended to use it, and there was no intention or ability to pay the construction cost to the victim.

As above, the defendant deceivings the victim, and has the victim under its jurisdiction do so from June 15, 201 to the same year.

6. Until December 22, 200, 5.7 million won was mobilized for construction materials, human parts, etc., and 5.7 million won was passed for roof construction work, and the construction cost was not paid at all, thereby acquiring pecuniary profits equivalent to 5.7 million won.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of the police statement law to D;

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

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

1. Article 334 (1) of the Criminal Act of the Provisional Payment Order;

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