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(영문) 부산지방법원 서부지원 2020.06.12 2020고정38
사기
Text

Defendant shall be punished by a fine of KRW 1,000,000.

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

Reasons

Punishment of the crime

On January 28, 2019, the Defendant: (a) requested the Victim B to construct a crime prevention hall among the housing interior works located in the Seo-gu Busan City, Seo-gu, Busan; and (b) made a false statement to the Victim that “The Victim will complete the main construction of KRW 400,000,000,000 including the cost of materials.”

However, even if the defendant received a advance payment from the victim, he did not use it as the material price, etc., and did not intend to proceed with the above crime prevention center construction.

The Defendant received 400,000 won from the victim to the corporate bank account in the name of the Defendant on the same day.

Accordingly, the defendant was given property by deceiving the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Protocol of the police statement concerning B;

1. Application of Acts and subordinate statutes on deposit confirmation and text messages;

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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