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(영문) 인천지방법원 2017.04.27 2017고단1137
사기
Text

Defendant shall be punished by a fine of KRW 7,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The defendant is the subsidiary of the LABC, and the victim D is the representative of the LABE.

On October 12, 2015, the Defendant entered into a contract for construction with the victim on “park construction related to the creation of a park in F, fences of a construction site, and a site office construction in Busan F,” and the victim will be paid out to the victim by November 15, 2015, on the face of borrowing KRW 30 million from the public corporation without any problem.

“A false statement” was made.

However, in fact, the defendant did not own property, there was no particular monthly income, and there was no intention or ability to pay money from the injured party even if he borrowed money from the injured party because he had a debt of about KRW 350 million.

The Defendant, as above, was transferred KRW 30 million as the loan money from the injured party by deceiving the victim on October 12, 2015.

Accordingly, the defendant acquired property by deceiving the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. A criminal investigation report (to attach a written inquiry about transaction details);

1. Application of Acts and subordinate statutes on contract for construction works and account details;

1. Article 347 of the Criminal Act applicable to the crime, Article 347 (1) of the Criminal Act, the selection of fines, and the selection of fines;

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

1. The same punishment as the order shall be determined in consideration of the facts and extent of the crime, the degree of damage, character and conduct of the defendant, environment, etc., during the period of repeated crime of the same kind for the reason of sentencing under Article 334(1) of the Criminal Procedure Act, as well as the fact that the victim has agreed with it;

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