(영문) 의정부지방법원 2020.04.23 2019고정588

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(영문) 의정부지방법원 2020.04.23 2019고정588

사기

Text

Defendant shall be punished by a fine of five million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

Defendant

A on June 6, 2018, on the part of the victim B, requested the victim B to use the vehicle in the process of filing a complaint with respect to the project to cover the outer walls of the building "C" in the Gyeonggi-si.

The defendant did not have the intent and ability to pay the user fees even if he/she used the victim's accusation work in the above construction site to cover the outer wall page.

The Defendant, as such, deceiving the victim, thereby 2018

6. From July to June 10, 2018 (total 4 days, daily 400,000 won) 1.6 million won was not paid.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness B and D;

1. The police statement concerning B;

1. The written confirmation of equipment operation and the written request for equipment usage fees (the defendant only connects B to B, and therefore, he does not deceiving B to pay the amount of the vehicle used for the vehicle used for the accusation. However, the following circumstances can be acknowledged by the evidence duly adopted and investigated by this court, that is, B, in this court, stated that he was requested to use the vehicle used for the accusation from the defendant, and that he did not mean that he was entrusted to another person when the defendant requested the work; B requested several times after the actual work; B requested the defendant to pay the amount of the vehicle used for the accusation; and the witness D stated that the defendant made a verbal agreement to pay the amount of the vehicle used for the accusation instead of paying the vehicle used for the defendant; in light of the fact that the defendant was sufficiently recognized, the defendant's assertion is without merit).

1. Relevant Article 347 (1) of the Criminal Act concerning criminal facts, the choice of a fine, and the choice of a fine;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act is that the defendant has been punished several times for the same criminal records.

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