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Reasons
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(영문) 광주지방법원 목포지원 2020.05.08 2019고정227
사기
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A defendant shall be punished by a fine of two million won or more and by imprisonment of three months.

When the defendant does not pay the above fine.

Reasons

Punishment of the crime

On January 16, 2019, the Defendant stated that “A non-family facility of the C building is available for KRW 12 million in construction cost, and if there is no material cost, then the Defendant will start construction from the next week.”

However, the fact did not have the intention or ability to execute the construction even if the down payment is received.

On January 16, 2019, the Defendant, by deceiving the victim as such, received KRW 5 million from the victim to the corporate bank account (number E) under the name of the Defendant, under the name of the Defendant.

Around August 6, 2018, the Defendant stated that “Around August 6, 2018, the Defendant requested the victim G in the Yeongdeungpo-gun F to make a melting Fund operation at the H office operated by the victim G, which is operated by the Plaintiff, “Around August 6, 2018, the Defendant would make a daily or monthly settlement of the cost of the melting Fund annual wage, which is requested by the I company, with the amount of work requested by the I company, by receiving the work cost settlement from the I company.”

However, there is no fact that the defendant received the amount of work from the I company, and there was no intention or ability to pay the amount of work even if he received the work from the victim even if he received the work from the I company.

Nevertheless, the Defendant, by deceiving the victim as such, had the victim do work for the convergence of the year from August 6, 2019 to September 17, 2019, approximately KRW 16,710km, and did not pay KRW 7,352,400 for the work cost, thereby acquiring pecuniary benefits equivalent to the above amount.

Summary of Evidence

"2019, 227"

1. Defendant's legal statement;

1. Statement of D police statement;

1. Investigation Report (the results of the transfer processing and the attachment of letters) - Name cards and the results of the transfer processing immediately, the details of letters;

1. "Investigation report (Attachment of entry details) - Admission details" - "2020 Highest 12";

1. Defendant's legal statement;

1. A protocol concerning the suspect examination of the accused;

1. G.

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