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(영문) 서울북부지방법원 2016.07.06 2016고단1977
사기
Text

Defendant shall be punished by a fine of 2.5 million won.

If the defendant does not pay the above fine, the amount of KRW 100,000 shall be paid.

Reasons

Punishment of the crime

On October 24, 2015, the Defendant was a construction site in Seongbuk-gu Seoul Metropolitan Government, Seoul Metropolitan Government, and the victim C was now suspended.

Before the construction work, the construction business operator who had been in charge of the construction work could subcontract the construction work on a main basis, which makes a false statement to the effect that 20 million won is changed.

However, the defendant did not have the intention or ability to subcontract the above construction site to the victim, and was thought to use it as material cost with money from the victim.

The Defendant, as such, by deceiving the victim, was transferred from the victim to the National Bank (E) account in the name of the Defendant’s wife on the same day.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of the Acts and subordinate statutes to the complaint;

1. Relevant Article 347 (1) of the Criminal Act concerning a crime and Article 347 (1) of the Criminal Act concerning the choice of punishment;

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

1. Sentencing punishment under Article 334 (1) of the Criminal Procedure Act of the Provisional Payment Order: Imprisonment with prison labor for 6 months or suspended sentence of one year: A person who has been sentenced to a fine of 2.5 million won or more: A person who has been mitigated by deceit (one million won or more), the records of the same punishment (one time of suspended execution of 08), etc.: Confession, the victim's non-permanent penalty, etc.;

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