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(영문) 울산지방법원 2017.07.13 2016고단3419
사기
Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

The Defendant, as a construction business entity, was under pressure to use the construction cost that he received from the building owner as the construction cost, living expenses, etc. in another construction site in the course of implementing several proposals around January 2015, and thus, there was no intention or ability to pay the construction cost properly even if he/she requests another person to do so.

1. On January 9, 2015, the Defendant, as to B building construction, pays the cost of construction to the victim C (54 tax) at the construction site of the studio building in Ulsan-gun, Ulsan-gun, for the construction site of the studio building (54 tax).

The phrase “ makes a false statement.”

As above, the Defendant: (a) by deceiving the said victim; (b) caused the said victim to perform construction works for the installation of a scam and a scambling in an amount equivalent to KRW 9.8 million of the construction cost on the 25th of the same month; and (c) acquired pecuniary benefits equivalent

2. On March 15, 2015, the Defendant, at the construction site of a studio building in Ulsan-gun, Ulsan-gun, Ulsan-gun, for the said victim’s construction site, “on the face of a week by constructing a studio and a string house, the construction cost of which is KRW 12 million, and KRW 10 million, shall be paid by the building owner E, and the remainder of two million shall be paid within the building owner.

The phrase “ makes a false statement.”

As above, the Defendant: (a) by deceiving the said victim; (b) had the said victim perform construction works on the horse racing and gas bags at the end of the same month; and (c) did not pay the said two million won, thereby obtaining pecuniary benefits equivalent to the said amount of money.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Application of the Acts and subordinate statutes to the complaint (including photographs and borrowing certificates of the Corporation);

1. Article 347 (1) of the Criminal Act, and the choice of punishment for the crime;

1. The reason for sentencing Article 37 (former part), Article 38 (1) 2, and Article 50 of the Criminal Act for the punishment of concurrent crimes is not large, and the content of deception is difficult to be seen as active, and the defendant's business.

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