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(영문) 인천지방법원 부천지원 2019.01.24 2018고정723
사기
Text

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

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

Reasons

Punishment of the crime

The Defendant is a removal business entity.

Around March 3, 2016, the Defendant entered into a false statement with the victim D (State) office operated by the victim D in Namyang-si, Namyang-si, the Defendant entered into a contract with the victim for the removal of buildings equivalent to 12,500 square meters in the redevelopment district located in F in the wife population at the time of the Plaintiff’s consent (562,50,000,000). During the contract, the Defendant would immediately start the removal work upon entering into a subcontract for the removal work. As the cost of the removal work needs to be incurred, the Defendant would enter into a subcontract for part of the removal work contracted within the main territory.”

However, G, the defendant's will or ability to subcontract part of the removal work to the victim because it was in the process of trying to conclude the removal work of the building in question and did not have concluded the redevelopment project with the redevelopment association, and the defendant did not have any intention or ability to subcontract part of the removal work.

The Defendant, by deceiving the victim as above, received money of KRW 10 million from the victim through the I Bank Account (J) in the name of H on the same day.

Summary of Evidence

1. Defendant's legal statement;

1. Each protocol of suspect examination of the police against the accused (including the substitute part);

1. Each police officer's statement about D, H and G;

1. Application of statutes to a contract agreement for respective removal works;

1. Relevant Article 347 (1) of the Criminal Act concerning criminal facts, the choice of a fine, and the choice of a fine;

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

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act to order provisional payment - the defendant misleads the defendant.

- The defendant changed the preparation of a false contract to G to present the contract to the victim. The defendant seems to be active deception.

- The amount of damages is KRW 10 million, and the parties agreed to pay the damages to the victims after the conclusion of the pleadings.

- The Defendant was punished on May 11, 201 by a suspended sentence of imprisonment for embezzlement.

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