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(영문) 수원지방법원 성남지원 2017.10.19 2017고정797
사기
Text

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

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

Reasons

Punishment of the crime

On April 201, the Defendant paid KRW 26,241,100 for the construction cost after 10 days from the end date of the construction of the building, which became the substitute building construction, to the victim D at the construction site of the Gwangju metropolitan commercial building on April 201.

“A false statement” was made.

However, the defendant did not have the intent or ability to pay the remainder of the construction cost upon the completion of the construction work by paying only 14 million won such as the initial cost of the construction work and the wage cost.

Nevertheless, the Defendant: (a) deceiving the victim as above; (b) caused the victim to perform the construction of the substitute in Gwangju City from April 201 to May 201 of the same year; and (c) did not pay the balance of the substitute in KRW 12,241,100; and (d) acquired property benefits equivalent to the said amount.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of the witness D;

1. A criminal investigation report (Submission of data from witnesses E);

1. Application of Acts and subordinate statutes to the details of the contract price submitted by the complainant, such as the statement of confirmation, receipt, transfer statement, etc.;

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. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

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