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(영문) 춘천지방법원 강릉지원 2015.12.03 2015고단1053
사기
Text

Defendant shall be punished by a fine of KRW 7,000,000.

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

Reasons

Punishment of the crime

The Defendant operated the “E” under the name of Ma in Gangnam-si C Apartment 101 Dong 506, and the victim F (50 years of age, n) operated the “H” office in Gangnam-si G.

Even if the defendant is supplied with human resources from the victim, he/she has no intention or ability to pay the price.

Nevertheless, on November 17, 2011, the Defendant found in the office operated by the G victim of Gangnam-si G and sent one person at the I construction site. When sending the letter to the construction site, the Defendant made a false statement that he would approve personnel expenses for the first following month.

As such, the Defendant, from that time to August 4, 2012, by deceiving the victim and being supplied with 106 human resources over 98 times, from that time, from that time on August 4, 2012, and did not pay the amount equivalent to 26,685,00 won, thereby acquiring property benefits equivalent to that amount.

Summary of Evidence

1. Defendant's legal statement;

1. Each police suspect interrogation protocol against the accused (including F's statement);

1. Application of the Acts and subordinate statutes to the complaint;

1. Article 347 (1) of the Criminal Act applicable to the facts constituting an offense and the choice of a fine (including the fact that the accused reflects the offense and has no criminal record in the same kind);

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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