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(영문) 서울서부지방법원 2017.06.23 2017고정270
사기
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The sentence of sentence against the defendant shall be suspended.

Reasons

Punishment of the crime

around August 6, 2015, the Defendant would pay KRW 31,304,930 to the victim D as construction cost in the construction site of neighborhood living facilities located in Seodaemun-gu Seoul Metropolitan Government.

“.......”

However, at the time of the construction site, the above construction site had not been paid properly, and the defendant had no intention or ability to pay the price for the construction site even if the injured party had done the construction work on the construction site due to a very lack of financial capacity, such as a bad credit holder who had been bad credit for about seven years prior to the date of the construction site exceeding KRW 10 million.

The defendant deceivings the victim as such, and thereby, the victim from the 13th of the same month to the same year.

9. Until December 24, 200, the subcontractor did not pay the construction cost of KRW 31,304,930, while performing subcontracted stones works at the construction site and acquired pecuniary benefits equivalent to the said amount.

Summary of Evidence

1. The defendant's legal statement (the legal statement at the second public trial date);

1. Statement made by the police against D;

1. Application of the Acts and subordinate statutes for investigation reporting;

1. Article 347 of the Criminal Act applicable to the crime, Article 347 (1) of the Criminal Act, the selection of fines, and the selection of fines;

1. Penalty of a fine of four million won to be suspended;

1. Article 70(1) and Article 69(2) of the Criminal Act (100,000 won per day) of the Criminal Act to attract a workhouse;

1. Article 59 (1) of the Criminal Act (i.e., recovery of damage to the victim and the smooth agreement, taking into account circumstances, such as the fact that the injured person does not want the punishment of the defendant, the fact that the defendant commits a serious violation against the defendant, and the fact that only one-time fine has been imposed on the defendant);

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