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(영문) 서울중앙지방법원 2020.05.29 2019고정1823
사기
Text

Defendant shall be punished by a fine of 12 million won.

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

Reasons

Punishment of the crime

The defendant is a representative director of the company B.

On April 11, 2018, through C, the Defendant made a false statement to the victim D that “I will pay immediate transport expenses after transporting construction wastes at the construction site of the Incheon Gyeyang-gu E Housing demolition site.”

However, in fact, the Defendant did not pay the price for the service provided by another person on January 2016 and May 2017 and did not pay the price after the complaint was filed, and even if the Defendant received the price from the original office in relation to the work of the victim and received the service from the victim in another place, the Defendant did not have the intent or ability to pay the price.

As above, the Defendant, by deceiving the victim, received construction waste transport services equivalent to KRW 8.910,00 for the same day from the victim, and thereafter, obtained a total of KRW 23,16,00 through three times in the same manner as indicated in the separate crime list, from June 20, 2018, by being provided with construction waste transport services equivalent to KRW 23,16,00,000, in the same manner as indicated in the separate crime list.

Summary of Evidence

1. Statement made by witnesses D in the second protocol of the trial;

1. Statement made by C by a witness in the third protocol of trial;

1. Statement of each police statement regarding D;

1. Each investigation report (in connection with F other than a complaint, telephone conversations, reference G telephone conversations, and telephone calls with persons related to H construction site, reporting on verification as to whether a witness I telephone conversations, separate complainantsJ damage and reimbursement, and reporting on verification as to whether K damage and reimbursement, a separate complainant, has been made);

1. Application of Acts and subordinate statutes to filing a complaint, a statement of accounts receivable, a detailed statement of transactions, electronic tax invoice, and transfer documents;

1. Relevant Article 347 (1) of the Criminal Act and Article 347 (1) of the Criminal Act, the selection of a fine, inclusive;

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;

1. The Criminal Procedure Act shall bear litigation costs.

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