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(영문) 대구지방법원 안동지원 2017.09.15 2017고정92
사기
Text

1. The sentence against the accused shall be 1.5 million won;

2. The defendant does not pay the above fine.

Reasons

Punishment of the crime

1. On November 13, 2015, the Defendant against the victim B, at the home of D located in the Dong-dong, Chungcheongnam-si, Dong-si, Dong-dong, Dong-si, the Defendant falsely stated that “B, by November 20, 2015, the victim B, who had been performing DNA interior and external painting works, would bring about KRW 1.5 million to B, with D’s house and outer painting (including nitrol) construction up to November 20, 2015.”

However, the defendant did not have the intention or ability to execute the construction even if he received the construction cost from the injured party.

As such, the Defendant, by deceiving the victim, received KRW 80,00,000 from the victim under the name of the Defendant for construction payment, and KRW 70,00,00 from November 13, 2015 to the Agricultural Cooperative Account (Serial E) under the name of the Defendant.

Accordingly, the defendant deceivings the victim to take the property by deceiving the victim.

2. On November 15, 2015, the Defendant against the victim D made a false statement to the victim D’s house located in the Dong-dong, Chungcheongnam-si, Chungcheongnam-si, Seoul, that “B will replace the new house launch site of the party, 1,200,000 won, to B, and change the traditional type toilets in the house into a portable toilet.”

However, the defendant did not have the intention or ability to execute the construction even if he received the construction cost from the injured party.

The Defendant, by deceiving the victim as such, received KRW 50,00,000 from the victim under the name of the Defendant to the Agricultural Cooperative Account (Serial Number E) in the name of the Defendant on November 18, 2015.

Accordingly, the defendant deceivings the victim to take the property by deceiving the victim.

Summary of Evidence

1. Part of the protocol concerning the examination of the suspect against the defendant;

1. Statement made by the police against D or B;

1. Each complaint filed in D and B;

1. A statement of transaction, each photograph, and a copy of a bankbook;

1. The application of Acts and subordinate statutes to each investigation report and accompanying materials;

1. Relevant Article 347 of the Criminal Act concerning the facts constituting a crime and Article 347 (1) of the Criminal Act concerning the selection of punishment;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The Criminal Procedure Act of the Provisional Payment Order.

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