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(영문) 수원지방법원 평택지원 2012.07.19 2012고정249
사기
Text

Defendant shall be punished by a fine of KRW 2,000,000.

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

Reasons

Punishment of the crime

1. On August 2009, the Defendant: (a) in the construction site of the Seo-gu D Building 3 and the fourth floor in the Daejeon War, the Defendant: (b) had no intent or ability to pay the price to the Victim E even if the Defendant requested the production and installation works of the Titch, the fourth floor in the construction site of the Seo-gu; and (c) had the victim believed to be true and believed to have been manufactured and installed the said Titch, etc. over a month, but did not pay the price, and acquired financial benefits equivalent to the same amount by failing to pay the price.

2. On April 27, 2010, the Defendant found the case in Gju operated by the said victim in Pyeongtaek-si F, and acquired the same amount of pecuniary benefits as the Defendant did not pay the price, even though he did not have the intent or ability to pay the price even if he requested the manufacturing and installation works of the Li-si, and the new airport, by stating that “When he completed the construction works for the manufacturing and installation of the first floor-to-story detached building in Pyeongtaek-si H, he would pay the price within one week from May 3, 2010 to one week from May 3, 2010.”

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness E;

1. Application of Acts and subordinate statutes to complaint and contract;

1. Relevant provisions of the Criminal Act and Article 347 (1) of the Criminal Act concerning the choice of punishment;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

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

1. It is so decided as per Disposition for not less than Article 334(1) of the Criminal Procedure Act.

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