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(영문) 부산지방법원 2014.01.23 2013고정4853
사기
Text

Defendant shall be punished by a fine of KRW 1,500,000.

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

Reasons

Punishment of the crime

Defendant is a person who runs a construction business under C’s trade name.

On January 25, 2010, the Defendant newly constructed a farm house E located in Chungcheongnam-gun, Taenam-gun, and acquired it without paying the remainder KRW 11,280,000 among the construction cost on April 21, 2010 and without paying the cost of the construction as KRW 13,280,000 as indicated in the attached Table of Crimes, such as having the victim perform internal ship construction work equivalent to KRW 9,00,000, in excess of KRW 13,280,000, as stated in the attached Table, if the Defendant had the victim F pay the cost of the electrical construction at the same time if he did not have the intent or ability to normally pay the cost of the electrical construction even if he had the victim F subcontracted the electrical construction to the victim F.

Summary of Evidence

1. Partial statement of the defendant;

1. The police statement concerning F;

1. Application of the written estimate 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;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

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