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(영문) 수원지방법원 2018.01.03 2017고단3250
사기
Text

A defendant shall be punished by imprisonment for two years.

Reasons

Punishment of the crime

On July 2, 2016, the Defendant was sentenced to 8 months of imprisonment with prison labor and 2 years of suspended sentence for fraud, etc. in the Seosan Branch of the Daejeon District Court on July 2, 2016, and the said judgment became final and conclusive on July 30, 2016.

On November 26, 2015, the Defendant was awarded a subcontract to the victim at the E Job Referral operated by the victim D in Guro-gu Seoul Metropolitan Government, “I will pay 10% of the human labor members, including the principal, with the payment of the construction cost, to the victim at the end of the following month, when the Defendant received a subcontract for the During Construction (State) to the Fran City Franchis Construction (State) constructed in order to make it possible for the victim to do so.

“A false representation was made.”

Accordingly, the victim was the defendant on November 27, 2015, KRW 31,680,000, and KRW 43,200,000 on December 1, 2015, and the same month.

9. 78,400,000 won, 26,865,000 won for the 12th day of the same month, and 30,000,000 won for the 21th day of the same month, and 23th day of the same month, and 49,420,500 won for the 23th day of the same month, and 79,056,000 won for the 1st day of January 1, 2016,

9. 6,354,00 won, and 86,960,000 won on December 12 of the same month were remitted under the name of payment for human wages.

However, at the time, the Defendant had no property owned by the Defendant, was thought to use the money received from the victimized person in another construction site, and there was no intention or ability to pay the money properly even if he received money from the victimized person for a period of up to 400 million won accumulated, and the enemy received money from the injured person for a period of up to 1 year on behalf of the injured person.

As such, the Defendant, by deceiving the victim, was given a total of KRW 431,935,50 on nine occasions from the victim.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of the witness D;

1. A copy of each letter related to the generation of wages and payment of wages, details of each account transaction, confirmation of work, and a copy of a letter of payment of labor costs for daily workers, a copy of a deposit transaction statement, a letter of payment of wages for daily workers, and a letter of payment of wages for daily workers;

1. Previous convictions: Inquiry about criminal history and application of the text of judgment in one copy of the Acts and subordinate statutes;

1. Relevant Article of the Criminal Act and the choice of punishment for the crime;

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