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(영문) 인천지방법원 2017.01.25 2016고단7817

사기

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On June 12, 2015, the Defendant was sentenced to a suspended sentence of one year to be punished by embezzlement at the Incheon District Court for one year, and the judgment was finalized on June 20, 2015. On December 24, 2015, the court rendered a suspended sentence of two years to be punished by embezzlement for eight months and the judgment was finalized on March 21, 2016. On September 22, 2016, the Defendant was sentenced to imprisonment for a total of three years and six months to be sentenced to imprisonment for fraud, etc. at the same court, and is currently serving in the Incheon Detention House as of October 4 of the same year.

On January 2014, at a place where it is impossible to identify the light place, the Defendant is working on behalf of the victim C as an agent for obtaining a construction license from a specialized construction mutual aid association, and there are many public offices and construction mutual aid associations.

The costs necessary for obtaining a license shall be paid with a comprehensive construction license within one month per week.

“.........”

However, the defendant did not have the intention or ability to obtain a comprehensive construction license, and was thought to be used as operating expenses of the defendant's company with money from the injured party.

Nevertheless, on February 10, 2014, the Defendant made a false statement to the victim and paid 12,550,000 won to the Agricultural Cooperative Account under the name of the Co., Ltd. on February 10, 2014, as the expenses for the establishment of a corporation, and on the same day, 648,000 won to the above account as the expenses for license tax, etc.

2. 18. The said account shall be 129,981,320 won as investments to be paid to the construction mutual aid association, and the same year;

2. On 19. The 14,000,000 won was remitted to the new bank account in the name of the Defendant to the new bank account in the name of the Defendant, respectively, and acquired the total amount of KRW 157,179,000.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. A copy of a name box, website, written estimate, all of the matters to be registered, a certificate of transfer verification, a copy of a process deed, and a Stockholm output;

1. Previous convictions in judgment: Application of the Acts and subordinate statutes, such as a written inquiry about criminal history and text of judgment;

1. Relevant Articles of the Act and punishment concerning the facts constituting the crime;