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(영문) 광주지방법원 순천지원 2021.03.25 2020고정345
사기
Text

Defendant shall be punished by a fine of KRW 5,000,000.

When the defendant does not pay the above fine, 50 days shall apply.

Reasons

Punishment of the crime

On March 28, 2018, the Defendant: (a) called the victim B by phone calls around 15:00, the Defendant is an employee who is in charge of the management of “the work of receiving money from the other president (C).” (b) If the Defendant installed sperm on the target site D before the Haung-gun, Goungung-gun to carry out the pentaging project, 10% of the down payment is remitted in advance; (c) part of the payment begins, and the remainder is paid after the completion of the work.

“A false statement” was made.

However, in fact, the forest land where the Defendant requested the victim to execute sperm was the mother-friendly E ownership of the Defendant, where approximately 20 meters away from the Defendant’s residence and 20 meters away from the Defendant’s place of residence, and the above place was not an appropriate place for the Defendant to proceed with the penta project as it was difficult to access the place located in front of the sea immediately, and at the time, the Defendant did not have any intent or ability to pay the construction price normally to the victim, since the Defendant was under bad credit.

Nevertheless, the Defendant had the victim execute the sperm from April 2, 2018 to April 7, 2018, and did not pay KRW 9 million out of the total construction cost, thereby acquiring pecuniary profits equivalent to the same amount.

Summary of Evidence

1. The defendant's argument about the defendant's assertion of the police statement statement statement statement No. 2 against the defendant's partial statement No. 3, the defendant asserts that the defects of the penty project together with the defendant's written statement No. 3, in spite of the defendant's order that the victim execute the penty project under the direction of C, C, but C refused to pay the sperm price and did not pay the victim sperm price because C, and at the time, there was cash exceeding KRW 10 million in the defendant's mother's account that was actually used.

2. The judgment of this court is legitimate.

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