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(영문) 창원지방법원 통영지원 2018.07.10 2018고정194
사기
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Defendant shall be punished by a fine of four million won.

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

Reasons

Punishment of the crime

On October 19, 2016, the Defendant made a false statement to the victim F who is delegated with construction works from D at the C cafeteria located in D, stating that “I will take up up to October 25, 2016, the victim F, including B, who will take up 16 working hours,” and that “I will complete the payment of KRW 4 million borrowed from the head of the team of the previous company to the victim by telephone on October 21, 2016.” On October 26, 2016, the Defendant made a false statement to the victim that “I will complete the payment of KRW 4 million if I move the company to the victim by telephone, I will complete the payment of the insurance money with KRW 3 million,000,000,000,000,000 from the head of the team of the previous company.”

In fact, the defendant did not have the intent or ability to introduce 16 working persons to the victim, and there was no intention or ability to work continuously with the victim, and even if he did not have any fixed income and borrowed money from the victim because he did not have any property, he did not have the intention or ability to complete payment.

On October 21, 2016, the Defendant: (a) by deceiving the victim; (b) delivered KRW 4 million to the Agricultural Cooperative Account (H) in the Defendant’s name of his wife on October 21, 2016; and (c) delivered KRW 3 million to the said account on October 26, 2016.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. Application of Acts and subordinate statutes to the details of a petition for complaint, details of complaint, and mail containing Handphones;

1. Article 347 (1) of the Criminal Act applicable to the relevant criminal facts and Article 347 of the choice of punishment;

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

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

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