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(영문) 서울중앙지방법원 2016.06.23 2016고정998
사기
Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

As the representative of B Co., Ltd., the Defendant: (a) in the middle of March 2014, from E, the wire store operated by the victim D in Jin-si, Chungcheongnam-do; (b) in F, the Defendant planned to build a studio in the G Gil-si; (c) in the first place to start the access road construction; and (d) supplied materials necessary for the construction.

4. A price shall be paid up to 10.

“False speech was made to the effect that it was “.”

However, the above studio new construction project had already been rejected from the truth time, and there was no intention or ability to pay the price even if there was no particular property to receive the material from the injured party.

On March 21, 2014, the Defendant received 10 Class 6,249,00 won, such as events, etc. on March 21, 2014; 11 Class 6,249,000 won, such as double wall tights, etc. on August 22, 2014; 81,700 won, such as chills, on the 23th of the same month; 6 Class 1,37,000 won, such as PE pipes, etc. on the 24th of the same month; 9 Class 1,464,50 won, such as recycled aggregate, etc. on the 25th of the same month; and 9,739,709,700 won, such as return of civil engineering materials and rent of 40,000 won on August 18, 2014.

Accordingly, the defendant was given property by deceiving the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. A copy of a name tag and a statement of transactions;

1. Disapproval of the application for a building permit;

1. An agreement for land trade;

1. Application of Acts and subordinate statutes to investigation reports (investigation of the project owner counter-project owner, investigation of the counter-party to the entering land, H telephone investigation, I telephone investigation, and hearing of statements by telephone related to the amount of damage to the victim);

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

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

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