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(영문) 서울동부지방법원 2018.05.08 2018고정267
사기
Text

Defendant shall be punished by a fine of KRW 3,000,000.

If the defendant does not pay the above fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

The Defendant is a person who has operated a “C office” in the construction design and supervision business.

around March 2015, the Defendant, at the “C office” office located in Seoul Gwangjin-gu Seoul Special Metropolitan City Gwangjin-gu, supervised the construction design of the new telecom construction project in Gangnam-gu F and G. However, the Defendant would pay 2.5 million won each month service cost by entrusting the supervision of fire fighting, electricity, and telecommunications construction works.

“The purpose of “ was to make a false statement.”

However, at the time, the Defendant did not have the intent or ability to pay the service cost according to the agreement even if he was provided with the service of supervising fire-fighting, electricity, and telecommunications construction.

Nevertheless, the Defendant had been provided with fire-fighting and telecommunications construction supervision services equivalent to KRW 27.5 million between March 2015 and January 2016.

Accordingly, the defendant acquired financial benefits by deceiving the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Part concerning the statement in E in the suspect interrogation protocol against the defendant

1. Each police statement made to H and I;

1. Application of the statutes on fire service supervision service contract;

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. The sentencing conditions indicated in the trial of this case include: (a) there is no history of criminal punishment against the defendant for the reasons of sentencing under Articles 70(1) and 69(2) of the Criminal Act; and (b) there is no history of criminal punishment against the defendant for the reasons of the same crime; and (c) the victim and the victim do not want any further punishment after the prosecution are fully agreed with the victim.

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