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(영문) 부산지방법원 동부지원 2019.02.13 2018고정623
사기
Text

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

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

Reasons

Punishment of the crime

On November 10, 2016, the Defendant found the victim C’s house located in Busan Seo-gu, Busan Seo-gu, and concluded that “When the Defendant first pays the contract amount of KRW 400,000 and the intermediate payment of KRW 2.6 million to the victim, the Defendant would install urban gas pipelines until December 2016 so that urban gas can be supplied normally.”

However, even if the defendant was paid 3 million won from the victim for the construction cost, etc., he did not have any prior permission required from the Busan Urban Gas Corporation for the construction work, and there was no prior permission. Thus, the defendant did not have any intention or ability to install urban gas normally by the above deadline.

Around November 10, 2016, the Defendant, by deceiving the victim, received cash 40,000 won from the victim, and received 2.6 million won in total from a bank account under the name of the Defendant on November 14, 2016 and acquired 2.6 million won in total from the victim.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness E;

1. Statement of the police statement regarding C;

1. A copy of the urban gas construction contract, a copy of a transfer receipt, and a certificate;

1. One-way guidance for F roads;

1. The defendant asserts to the effect that he did not deceiving the victim since he/she concluded a contract with the Busan Urban Gas Corporation, considering that he/she could perform an oral consultation with the Busan Urban Gas Corporation, and concluded a contract with the victim.

However, according to the above evidence, the defendant could recognize the fact of deceiving the victim as if the installation of the gas pipeline was easily done without consultation with the Busan Urban Gas Corporation. However, there is no data supporting the fact that the defendant obtained permission to install the gas pipeline of this case in a verbal consultation with the Busan Urban Gas Corporation, and furthermore, permission to install the gas pipeline of this case is granted in the Busan Urban Gas Corporation.

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