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(영문) 서울북부지방법원 2013.10.10 2013고정1276
사기
Text

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

If the defendant fails to pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

The defendant is a person who engages in a building business.

On April 19, 2012, the Defendant made a false statement to the effect that “The Defendant would complete the installation by May 5, 2012 when paying KRW 15 million to the construction cost.” On April 20, 2012, the Defendant acquired the money from the victim by receiving KRW 5 million from the Defendant’s account in the name of the Defendant to the Agricultural Cooperative account in the name of the Defendant to receive KRW 5 million under the name of the head of the competent authority in order to install a lodging container. Even if the Defendant received the cost of installing a container from the victim D, it is necessary to obtain prior approval from the competent authority in order to install it. Notwithstanding the absence of intent or ability to install it, the Defendant may install three containers that can be used as a lodging house and an employee accommodation in the construction site without permission.”

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness D;

1. Investigation report (teleline Survey: E), investigation report (teleline Survey: E secondary), investigation report (F2) and investigation report (teleline Survey: G company H);

1. Application of the statutes on the layout drawing and drawing of buildings;

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

1. Articles 70 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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