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(영문) 부산지방법원 2013.05.16 2013고정614
사기
Text

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

If the defendant does not pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

1. In November 201, the Defendant: (a) provided that “The Defendant would have the right to construct the golf course in the jurisdiction of the Gyeongnam-si, Kim Jong-si and the right to construct the aggregate of the E Hospital Construction Works in the Daegu-gu, Suwon-si; and (b) prepared a “standard subcontract agreement for construction works” to the complainant who believed that the horses are true, and was remitted 3.6 million won to the passbook in the name of the head of the Tong-gu as requested by the Defendant four times in the name of the head of the Tong-gu.

However, the defendant did not have the intention or ability to proceed with the construction work.

2. On March 19, 2012, at the “new construction site” located in Busan High-gu F, the Defendant had 2.320,000 won for the construction cost attempted by the complainant by entering into a verbal contract with the landowner and completing the construction work.

The Defendant, with the knowledge of the above facts, knowingly made a false statement to the landowner that “I would pay the construction cost of pents to B”, and acquired 2,320,000 won of the construction cost by exempting the Defendant from the obligation to pay to the landowner.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the police protocol protocol law to B

1. Article 347 (1) of the Criminal Act and Article 347 (1) of the same Act concerning the applicable criminal facts, the selection of fines;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

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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