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(영문) 인천지방법원 2019.06.28 2019고정1195
사기
Text

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

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

Reasons

Punishment of the crime

The Defendant is a company member, from October 2015 to December 31 of the same year, and from around October 2015 to around December 31 of the same year, a person who was engaged in on-site management, such as daily worker management, at the site of facilities construction in B.

At around 13:05 on January 3, 2016, the Defendant visited the victim’s agent, who visited the building in Seo-gu, Seo-gu, Seo-gu and the office operated by the third-class complainants E, the third-class complainants agent, “at least one year continuous and continuous site is needed, and more people are needed. At the same time, the Defendant would pay personnel expenses directly to the victim’s agent.”

However, the facts are as follows: (a) the Defendant retired on December 31, 2015; and (b) Nonparty G et al., who said that the Defendant was working daily, did not actually work on the field B; and (c) the deposited personnel expenses were used for the purpose of using the deposited personnel expenses for their own cost, and there was no intention or ability to pay to the Plaintiff even if the deposited personnel expenses were paid from the complainant.

The Defendant, at around 21:08 of the same day, deposited KRW 594,00 from January 3, 2016 to the Defendant’s Nonghyup Bank account H in the name of Nonparty G, etc. on the above day, as shown in the list of crimes, such as receiving KRW 594,00 from the complainant.

2. up to 12. A total of 28 times deposited KRW 13,662,00.

Accordingly, the defendant was given property by deceiving the complainant.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. A statement of inquiry about details of transactions of entry and withdrawal, and a detailed statement of entry and withdrawal transactions;

1. Application of the Acts and subordinate statutes to the complaint;

1. The relevant Article of the Criminal Act and Article 347(1) of the Criminal Act, the choice of fines, inclusive, for the crime;

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

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act lies in recognizing and opposing the instant crime.

The defendant prepared a conditional written agreement with the victim, and the contents of the written agreement.

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