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(영문) 대구지방법원 경주지원 2013.12.24 2013고정269
사기
Text

Defendant shall be punished by a fine of 300,000 won.

If the defendant fails to pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

On March 16, 2012, the Defendant made a false statement that “300,000 square meters of a golf course has been permitted to the victim D at the CDang-gun, Ulsan-gun, Seoul-do. It would be awarded a subcontract for the entire project of cutting off ground objects. If the Seoul head office should receive a provisional contract and receive a contact with the Seoul head office, and if the expenses need to be incurred, the Defendant would then pay the money later.”

However, the defendant did not have any intention or ability to give the victim a subcontract or pay the money.

Ultimately, the Defendant, as seen above, induced the victim, received total of 1.4 million won from March 16, 2012 to February 23 of the same month from the victim, and acquired it as the borrowed money.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the police statement law to D;

1. Article 347 (1) of the Criminal Act applicable to the crime (the amount of fine shall be determined in consideration of the choice of fines and the full agreement with the victim, etc.);

1. Articles 70 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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