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(영문) 대구지방법원 2013.05.15 2013고정498
사기
Text

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

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

Reasons

Punishment of the crime

On April 2, 2010, the Defendant stated that “B will pay construction cost immediately to the victim C, as the head of the company’s site and the head of the public bath is the head of the company at the site, and the head of the public bath in the public bath in the public bath in Daegu Suwon-gu.”

However, the Defendant did not have the intent or ability to pay the construction cost even if the victim completed the construction work.

In this respect, the Defendant had the victim do the heat construction work of the above bath on June 2010 and did not pay the construction cost of KRW 4,128,000, thereby acquiring property benefits equivalent to the same amount.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement to C by the police;

1. Written estimate;

1. Application of Acts and subordinate statutes of an investigation report;

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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