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(영문) 서울남부지방법원 2019.07.19 2019고정856
사기
Text

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

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The Defendant is the representative of “B” interior business entity.

On February 2, 2016, the Defendant, at the 2nd floor “B” office of Yangcheon-gu Seoul Metropolitan Government C building, made a false statement to the victim D, that “The Defendant would pay the construction cost, including the door and door framework of the construction site in Gangseo-gu Seoul Eude Eude No. f, G, air defense, and Yang Pyeong-dong location, and the astronomical crowdfunding.”

However, in addition to the construction cost to be paid to the victim at the time, the defendant had not been able to pay the construction cost to other subordinate companies, and there was no intention or ability to pay the construction cost even if the defendant's employees have ordered the above construction work to the victim D because the payment of the construction cost was not sufficient enough to the extent that the wages of the employees of the defendant company would not be paid in time.

Nevertheless, the Defendant, as seen above, did not have the victim D and had the victim perform the door mold and tent construction work more than four times from February 2016 to November 26, 2016, and did not pay the construction cost of KRW 7,261,000, thereby taking property benefits equivalent to the same amount.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Application of the written estimate statutes;

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. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

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