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(영문) 전주지방법원 군산지원 2017.04.26 2016고정559
사기
Text

Defendant shall be punished by a fine of KRW 2,000,000.

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

Reasons

Punishment of the crime

On February 2, 2014, the Defendant would give approval to the victim E who operates D at the site of the apartment site C in Busan Metropolitan City, and after one month from the face of human resources.

The phrase “the phrase was false.”

However, there was no particular property or income at the time, and there was no intention or ability to pay the manpower price after the month as agreed because he did not pay the wages of his own employees at around that time.

The Defendant: (a) by deceiving the victim as above and being supplied 41 persons (10,000 won per unit price) from March 7, 2014 to March 21, 2014, the Defendant paid 300,000 won to the victim; and (b) by paying 38,000,000 won to the victim, the Defendant acquired financial benefits equivalent to the said amount.

Summary of Evidence

1. Partial statement of the defendant;

1. F statement made to the defendant in the police interrogation protocol;

1. Statement protocol by the police for E;

1. Application of Acts and subordinate statutes to a criminal investigation report (Submission of Materials) and a criminal investigation report (Attachment to decisions, etc. relating to the ability to repay a suspect);

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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