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(영문) 춘천지방법원 2013.06.27 2013고정152
사기
Text

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

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

On October 26, 2011, the Defendant was sentenced to a suspended sentence of two years for criminal fraud at the Chuncheon District Court on October 26, 201, and the judgment became final and conclusive on November 3 of the same year.

1. In springing around 2011, the Defendant told the victim D to find the victim D and the name “E (Director A of the Gangwon Gangwon Place of Business”) and that the Defendant would be engaged in the work without a mold when he/she is entrusted with the construction of a stable.

However, at the time, the defendant was unable to pay the price for supply to E corporation, and the contract was reversed, and there was no intention or ability to cause livestock death construction to the victim.

As above, the Defendant, by deceiving the victim, prepared a written contract for construction work that executes the victim’s stable construction cost of KRW 45 million on April 19, 201, and received a total of KRW 13 million from the victim on May 4, 2011, including construction design cost of KRW 17 million.

2. On September 2009, the Defendant called “A” operated by the Victim F to pay the price of supply immediately when the Defendant supplied the building materials to the victim by telephone.

However, at the time, the defendant did not have the intention or ability to pay the price even if the building materials are supplied by the victim.

On September 14, 2009, the Defendant, by deceiving the victim as above, received building materials equivalent to KRW 675,200,00 in total from the victim, including gambling boxes and tapes, at the site of the Hacheon-gun, Hongcheon-gun H Housing Corporation.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness D;

1. Statement prepared by the police with regard to F;

1. Investigation report (I architectural firm's J telephone investigation), investigation report (E) business division K telephone investigation;

1. Investigation report (report on results of trials of the same kind as a suspect);

1. Previous convictions in judgment: Application of the defendant's legal statement and investigation report (report on results of the same kind of trial as the suspect);

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

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

1. The Criminal Act among concurrent crimes.

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