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(영문) 대구지방법원 경주지원 2018.09.12 2018고정118
사기
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Defendant shall be punished by a fine of KRW 1,000,000.

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

Reasons

Punishment of the crime

On May 5, 2017, the Defendant: (a) at the site of the construction of the pentan Construction Project in the Seocho-si, Seocho-si; (b) the victim C performed the construction of the pentan Construction Project.

D이 사기 사건 때문에 문제가 생겨 위 펜 션 신축공사에서 손을 뗐는데, 내가 위 펜 션 신축공사 일체를 위임 받았다, 위 펜션의 준공 시점이 2017. 7. 초순경이니 추가로 공사자재를 납품해 주면 위 펜 션 신축공사가 끝난 후 대출을 받아 위 D으로부터 받지 못한 공사자재대금까지 전부 합쳐 2017. 7. 10.까지 공사자재대금을 지급하겠다 ’라고 거짓말하였다.

However, in fact, the Defendant, at the time, bears the total amount of KRW 27,00,000,000 for personal debt, and the total amount of KRW 40,00,000 for national tax debt. In addition, in the site of the above pension, the joint collateral security was established for the total amount of KRW 149,100,000 for the claim amount, and the Defendant had no intent or ability to pay the amount normally even if he received the construction material from the injured party, on the ground that the Defendant had been performing the construction of the above pension with the amount of money borrowed from another person.

Nevertheless, the Defendant had received construction materials equivalent to KRW 4,539,500, in total, equivalent to KRW 275,000, around May 30, 2017; KRW 130,000 around June 21, 2017; KRW 2,260,000 around June 23, 2017; KRW 1,40,000 around July 6, 2017; and KRW 4,539,500, in total, equivalent to KRW 4,500, around July 31, 2017.

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 prosecution against C;

1. Application of Acts and subordinate statutes of a complaint, a statement of payment for goods, and a statement of transactions;

1. Relevant Article 347 of the Criminal Act and Article 347 of the Criminal Act and the choice of punishment for the crime;

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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