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(영문) 수원지방법원 2018.06.07 2018고정380
사기
Text

Defendant shall be punished by a fine of KRW 2,000,000.

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

Reasons

Punishment of the crime

On April 5, 2016, the Defendant is a person who is engaged in the construction business, and the Defendant was introduced from the branch on April 5, 2016, and the victim D ( South, 48 tax) engaged in the mid-term rental business with the trade name C is required to remove the building by telephone.

The first floor is removed, the second floor is removed, and the second floor is removed by getting a sticker on the string, and when the work is completed, it is called that the price will be immediately ordered.

The victim heard the horses, and sent one lele and one article to the victim, and the defendant from April 6, 2016.

4. up to August 4, 1900 ppuri car 1.5 million won;

4.10.10.0

4. up to December 12, 1500,000 ppuri car;

4. 13. Ppuri car 3.50,000 won in Do. 3.3.5 million won in Do.

However, the Defendant had no intention or ability to pay the equipment rent even after completing construction due to the enemy, such as the occurrence of additional construction works.

Nevertheless, the defendant did not pay the amount of money after having the victim work and had the equipment work as above, thereby obtaining property benefits equivalent to the same amount of money.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Application of Acts and subordinate statutes to construction site photographs, copies of standard contract for lease of construction machinery, and details of deposit transactions;

1. Article 347 (1) of the Criminal Act applicable to the facts constituting an offense;

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

1. The fact that the sentencing of Article 334(1) of the Criminal Procedure Act of the Criminal Procedure Act of the Provisional Payment Order has not yet been restored to the present time due to unfavorable circumstances such as the fact that the intention of the Defendant’s deception appears to be dolusible circumstances, etc. In addition, the punishment as ordered shall be determined by taking account of the favorable circumstances, such as the Defendant’s age, sex, environment, details and result of the crime, and circumstances after the crime, etc.

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