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Reasons
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(영문) 수원지방법원 2019.11.21 2019고단4850
사기
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Defendant shall be punished by a fine of KRW 1,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

On July 18, 2017, the Defendant made a false call to the victim C who operates B, which is a construction equipment leasing company, to pay the rent for the lease of five tons of the 5 tons of the Kaccke at the site of the construction work for the extension of the second floor of the D Building in Suwon-gu, Suwon-gu.

However, the Defendant was in arrears with the amount of KRW 176 million in the National Tax Service, and KRW 7 million in the Gyeonggi-do, local tax, and KRW 3.3 million in the construction site. The Defendant did not have any intent or ability to pay the rent even if he leased the Karac in the construction site to two persons, such as the Hacker E and G, KRW 3.5 million in the operation site, KRW 3.5 million in the operation cost, KRW 3.5 million in the operation cost, and KRW 3.5 million in the operation site, and KRW 936,00 in the food of the parts at the construction site, and KRW 9.36,00 in the construction site, until now.

Nevertheless, on July 18, 2017, the Defendant: (a) leased 5 tons Kakele at the site of the construction of the second floor D Building in Suwon-si, Suwon-si; and (b) did not pay KRW 250,000,000 from that time to August 17, 2017; and (c) acquired property benefits equivalent to the amount of 1.8 million won in total, even if Kake was leased over five times from that time to August 17, 2017, as shown in the list of crimes in the attached Table.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. A complaint;

1. Information related to the detailed statement of rental, business registration certificate, document of account transactions in the bank account under the name of the suspect, and obligation of the suspect;

1. Application of investigative reports and credit information attached thereto, investigation reports (for a suspect's debts to creditors related to telephone communications) and statutes;

1. Relevant Article 347 (1) of the Criminal Act and Article 347 (1) of the Criminal Act for the crime, the choice of a fine (to take into account the favorable circumstances among the reasons for sentencing below);

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

1. Article 334 of the Criminal Procedure Act provides for an order of provisional payment.

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