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(영문) 의정부지방법원 2014.04.07 2013고정658
사기
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Defendant shall be punished by a fine of KRW 2,500,000.

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

Reasons

Punishment of the crime

1. On March 19, 2010, the Defendant made a false statement to the victim E, a stock company working for the victim C victim D in Gwangju City, stating, “On April 22, 2010, the Defendant would pay 6,600,000 won of the construction cost upon completion of the construction on April 22, 2010.”

However, even after the completion of the construction, the defendant only thought that he will pay the construction cost received from the owner and did not have the intent or ability to pay the construction cost by the agreed deadline.

As above, the Defendant, by deceiving the victim as above, had the victim complete the tree gate construction until April 22, 2010, and did not pay construction cost of KRW 6.6 million, thereby acquiring property benefits equivalent to the same amount.

2. On July 6, 2010, the Defendant called the above victim again and made a false statement to the victim that “I will pay KRW 3,300,000 of the construction cost upon completion of the construction work on August 30, 2010.”

However, even after the completion of the construction, the defendant only thought that he will pay the construction cost received from the owner and did not have the intent or ability to pay the construction cost by the agreed deadline.

As above, the Defendant, by deceiving the victim as above, had the victim complete the construction of the Bagate by August 30, 2010, and did not pay the construction cost of KRW 3,300,000,000.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness D, G and H;

1. Application of the Act and subordinate statutes to the inquiry report;

1. Relevant Article 347 (1) of the Criminal Act and the choice of a fine for the crime;

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

1. The Defendant had the intention and ability to repay at the time of judgment on the assertion of the Defendant and his/her defense counsel under Article 334(1) of the Criminal Procedure Act.

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