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광주지방법원 목포지원 2020.03.24 2018고단1152

사기

Text

A defendant shall be punished by imprisonment for six months.

An application for compensation by an applicant for compensation shall be dismissed.

Reasons

Punishment of the crime

The defendant is a person in charge of the construction of a new house in Youngnam Cancer C.

On June 8, 2017, the Defendant made a false statement to the effect that “The Defendant would pay KRW 16 million for the construction cost at the time of the year of the instant new house construction work” to the victim B.

However, in fact, the Defendant did not have the intent or ability to pay the construction price to the victim even if it was based on the basic construction work because the Defendant used the down payment of the construction site for other purposes and was economically poor.

As above, the Defendant: (a) by deceiving the victim; and (b) caused the victim to do so from June 8, 2017 to June 19, 201; (c) thereby, acquired the pecuniary benefits equivalent to KRW 16 million for the construction cost by requiring the said new house construction corporation to perform the basic design construction works.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the suspect examination of the accused;

1. A protocol concerning suspect examination of D;

1. Protocol of the police statement concerning B;

1. Application of Acts and subordinate statutes on a petition;

1. Article 347 (1) of the Criminal Act applicable to the crimes;

1. Reasons for sentencing under Articles 32 (1) and 25 (3) 3 of the Act on Special Cases concerning the Cancellation, etc. of Applications for Compensation Orders;

1. Scope of applicable sentences under law: One month to ten years of imprisonment;

2. The scope of recommendation [decision of types] according to the sentencing guidelines and there is no person who is less than KRW 100 million [the category 1] (the scope of recommendation field and recommendation range] and the basic area of recommendation [the scope of recommendation field and recommendation range], six months to one year and six months.

3. Determination of sentence: Six months of imprisonment;