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(영문) 대구지방법원 포항지원 2017.05.10 2016고단1492
사기
Text

Defendant shall be punished by a fine of KRW 8,000,000.

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

Reasons

Punishment of the crime

On October 15, 2012, the Defendant received a claim from the victim F who did not receive a subcontract even though he/she remitted KRW 20 million under the name of a deposit in order to receive a subcontract for the transport of earth and stones among the construction works for the building of the building site of the building site of the building site of the building site of the building site of the building site of the building site of the building site of the building site of the building site of the building site of the building site of the building site of the building site of the building site of the building site of the building site of the building site of the building site of the building site of the building site of the building site of the building site of the building site of the building site of the building site of the building site of the building site of KRW

“A false representation was made.”

However, in fact, the Defendant was at the time fixed income or bad credit standing without any particular property, and the money received from the injured party was thought to be used as living expenses and personal debt repayment, and thus, there was no intention or ability to repay the principal and interest even if he borrowed money from the injured party.

Accordingly, on October 15, 2012, the Defendant, by deceiving the victim, received 15 million won from the victim to the Saemaul Treasury Account (G) in the name of the Defendant on October 15, 2012.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol of examination of the suspect against the accused by the prosecution (including the cross-examination);

1. Statement made by the police with respect to F;

1. Application of Acts and subordinate statutes on accounts of Saemaul Treasury;

1. Relevant legal provisions of the Criminal Act, Article 347(1) of the Criminal Act, the choice of a fine for an offense, and the choice of a fine (including cases where an agreement is reached with the victim late later);

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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