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(영문) 대구지방법원 2014.03.26 2013고정1736
사기
Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

On July 31, 2012, the Defendant made a false statement to the victim D, stating, “I would pay the equipment rent immediately following the following day if the Defendant leased the equipment and installed the equipment by leasing it.”

However, at the time, the Defendant paid all the construction cost that he received from the middle Pester, and was unable to pay construction cost and wages to other construction business operators and workers, and the Defendant’s construction business is not exempted from deficit because it did not want to operate the construction business, and there was no intention or ability to pay equipment rent to the victim.

As such, the Defendant, by deceiving the victim and deceiving him/her from July 31, 2012 to August 12, 2012, acquired the amount equivalent to 8,50,000 won of the equipment rent by leasing and using the equipment for 13 days from July 31, 2012.

Summary of Evidence

1. Partial statement of the defendant;

1. Examination protocol of the accused by prosecution;

1. Statement made by witnesses D in the sixth trial records;

1. Application of a copy of the summary order under statutes;

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;

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