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(영문) 대구지방법원 2014.06.11 2013고정2581
사기
Text

A defendant shall be punished by a fine of 500,000 won.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

On September 13, 2013, the Defendant was sentenced to 10 months of imprisonment for embezzlement at the Daegu District Court, and the judgment became final and conclusive on November 15, 2013.

On May 30, 2012, the Defendant stated that “The Defendant would make a prior payment of KRW 1 million out of the prime rent of KRW 2 million and the remainder of KRW 1 million after three days from the lease of de-investments, such as oil pumps, at D offices operated by the victim C, located in the Gandong-gun B.”

However, the fact that the defendant did not have the intention or ability to pay the price in time even if he leases construction materials, etc.

The Defendant, by deceiving the victim as above, leased class 16 of construction materials, such as water pumps, from the victim, but did not pay KRW 1 million, excluding advance payment, and acquired economic benefits equivalent to that amount.

Summary of Evidence

1. A protocol concerning the police interrogation of the accused;

1. Statement of the police statement regarding C;

1. Contract for the lease of accusation headquarters or temporary building materials;

1. Previous convictions in judgment: Application of Acts and subordinate statutes to criminal records and investigation records, data inquiry into criminal records, and each judgment (Tgu District Court Decision 2013No2907, Daegu District Court Decision 2012No1740);

1. Relevant Article 347 (1) of the Criminal Act concerning criminal facts, the choice of a fine, and the choice of a fine;

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

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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