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(영문) 대전지방법원 천안지원 2018.04.12 2018고정49
사기
Text

Defendant shall be punished by a fine of KRW 3,000,000.

Where the defendant does not pay the above fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

[Confirmation of the judgment falling under the latter part of Article 37 of the Criminal Code] The indictment does not contain a part in the indictment, but it can be sufficiently known as data that are favorable to the defendant in this case. Thus, the latter part of Article 37 of the Criminal Code recognizes concurrent crimes without changing the indictment.

On January 26, 2017, the Defendant was sentenced to two years of imprisonment with prison labor for a violation of the Labor Standards Act at the Daejeon District Court, and the judgment became final and conclusive on February 3, 2017.

In addition, on January 26, 2017, the Defendant was sentenced to imprisonment for 8 months with prison labor for a violation of the Mountainous Districts Management Act and a violation of the Creation and Management of Forest Resources Act at the Daejeon District Court (Article 37 of the Criminal Act and two punishment were sentenced for concurrent crimes) and the judgment was finalized on February 3, 2017.

[Inasmuch as the Defendant newly constructed and operated B around March 2014, but did not pay the construction cost and labor cost of KRW 120 million, the Defendant purchased the surrounding site of KRW 700 million on credit on March 25, 2015 and did not pay the construction cost, and thus, there was no intention or ability to pay the price even if the Defendant purchased goods from another person.

On June 28, 2015, the Defendant: “E” located at the main point of “E” operated by the victim D, located in Seo-gu, Seo-gu, Seo-gu, Seoan-gu, Seoul; “5 million won for down payment;”

7. The remainder of 15.15. It would be paid KRW 15 million, and the sum of the main office fixtures, such as food table, cooling, air conditioners, and chairs, were false.

In other words, the Defendant received from the injured party the amount of KRW 20 million for the main equipment, such as the table table, cooling house, air conditioner, and chair.

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

Summary of Evidence

[Criminal facts]

1. Statement by the defendant in court;

1. Each statement protocol (D);

1. A real estate sale contract, a written consent to land use, a standard contract for private construction works, and a site;

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