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(영문) 대전지방법원 서산지원 2014.11.20 2014고정109
사기
Text

Defendant shall be punished by a fine of KRW 4,000,000.

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

Reasons

Punishment of the crime

On May 1, 2012, the Defendant made a false statement to the victim B, stating, “When the construction of the studio building is completed, the Defendant would receive KRW 18 million from the owner at the time of the construction completion of the construction of the studio building.”

However, even if the defendant receives the construction cost from the owner, he/she thought that he/she will be used to pay the existing construction cost liability and personnel expenses equivalent to KRW 15 million, and he/she was at the time responsible for the debt equivalent to KRW 80 million, including the above debt at the time. Therefore, even if he/she received the service from the victim, he/she did not have any intent or ability to pay the price within

Nevertheless, the Defendant, by deceiving the victim as above, obtained pecuniary benefits equivalent to the same amount as the Defendant received from the victim’s temporary retirement from the above date to June 10, 2012 by being provided with the construction work with soil protection of KRW 13 million from the above time to June 10, 2012.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning B;

1. Application of each statute;

1. Relevant Article 347 (1) of the Criminal Act concerning criminal facts, the choice of a fine, and the choice of a fine;

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

1. The sentencing ground of Article 334(1) of the Criminal Procedure Act for the provisional payment order is that the defendant was unable to pay necessary expenses at another construction site, even if he was provided with services from the victim, and that the amount acquired by the victim was not fully repaid until two years have passed since the date of occurrence of the instant case, and all the sentencing conditions specified in the records and arguments of the instant case shall be determined by taking into account all the sentencing

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