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(영문) 대전지방법원 2018.01.26 2017고정748
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 did not have the intent or ability to undertake the new construction of a multi-household building even after receiving the payment for the construction work from the victim C.

Nevertheless, the Defendant is required to construct a multi-household building to the Dacheon-gun F, Chungcheongnam-gun, Chungcheongnam-do on December 1, 2014, in E located in Seosan-si around December 1, 2014.

Since the land is provided only as the land giving the land, the construction is being carried out first, and the land owner has paid the construction cost by performing the loan within one month, the land owner will receive it from the loan of KRW 10 million.

The phrase “ makes a false statement.”

The Defendant received KRW 10 million from the damaged party to the Agricultural Cooperative Account of G on the same day as the contract price.

In this way, the defendant was given property by deceiving the victim.

Summary of Evidence

1. Partial statement of the defendant;

1. The legal statement of the witness C;

1. The legal statement of the witness H in part;

1. Application of Acts and subordinate statutes of the letter of debt repayment;

1. Article 347 (1) of the Criminal Act applicable to the relevant criminal facts and Article 347 of the choice of punishment;

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

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

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