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(영문) 수원지방법원 2017.01.18 2016고단6004
사기
Text

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

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

Reasons

Punishment of the crime

On October 5, 2015, the Defendant told the victim D to pay 1,248,00,000 won as the construction cost upon completion of the construction work, at the site of Dara Construction in the wife population C.

However, in fact, the defendant thought that he would have used to pay his personal debt even if he received the payment from E with the amount of 6.4 million won at the time, so even if he completed the work, he did not have the intent or ability to pay the contract price to the victim.

After deceiving the victim as above, the Defendant had the victim do so from that time until November 10, 2015, and had the victim perform the construction of indoor interior interior interior interior interior interior interior, thereby acquiring property profits equivalent to KRW 1,2480,000 from that time.

Summary of Evidence

1. The defendant's legal statement (as at the date of the second public trial, in the case);

1. Statement made by the police against D;

1. Investigation report (to hear statements from victims and E directors);

1. Application of the legislation of payment notes, payment details

1. Article 347 (1) of the Criminal Act applicable to the facts constituting an offense;

1. Selection of an alternative fine for punishment;

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

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

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