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(영문) 서울서부지방법원 2019.10.02 2019고정633
사기
Text

Defendant shall be punished by a fine of KRW 2,500,000.

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

Reasons

Punishment of the crime

The defendant is a person who runs artificial fishery business in the name of "B".

On October 2017, the Defendant made a false statement to the effect that “The Defendant would immediately pay KRW 15.8 million to the victim D with the transport of wastes at the construction site of Dongdaemun-gu, Seoul, as he/she transported and disposed of the wastes at the construction site of the construction site.”

However, in fact, even if the Defendant did not have surplus funds at the time and received the construction payment from the owner of the above E-site, the Defendant was thought to be used first for other purposes, such as personal debt repayment, and thus there was no intention or ability to pay the transport cost immediately even

Nevertheless, the Defendant: (a) by deceiving the victim as above; and (b) had the victim take care of waste transport and disposal services from October 26, 2017 to November 14, 2017; (c) had the victim take care of waste transport and disposal services in an amount equivalent to KRW 15.8 million at the construction site of the said E; (d) did not pay the victim the cost of transport at all; and (e) had the victim

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Application of Acts and subordinate statutes to each investigation report ( telephone conversations with the F of reference witnesses, hearing of complainants' statements on excursion ships);

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

1. Articles 70 (1) 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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