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(영문) 부산지방법원 2016.11.29 2016고단397

사기

Text

A defendant shall be punished by imprisonment for not more than ten months.

Reasons

Punishment of the crime

At the time, the Defendant was liable for the amount of KRW 45 million, and even if the Defendant received the price for the interior works from the victim, he was used for the cost of the construction works previously performed or for the entertainment cost, and was planned not to proceed with the interior works properly.

Nevertheless, on December 15, 2011, the Defendant, at a mutually influorous restaurant located in the Busan Shipping Daegu, issued a false statement to the victim, stating that “When the expenses for the interior work are paid, the Defendant would have to carry out the interior work at the Busan Shipping Daegu B apartment 101 Dong 2002, 200 won on December 33, 15, 201, 2000 won on December 33, 201, and 67,200,000 won on February 24, 201, and acquired it by defrauded.

Summary of Evidence

1. Each protocol concerning the examination of the accused by the prosecution;

1. Statement of the police statement regarding C;

1. Copy of a bankbook who has filed the complaint;

1. Application of statutes on a copy of a notarial deed;

1. Taking into account the following: pertinent legal provisions on criminal facts, Article 347(1) of the Criminal Act regarding the choice of punishment, the grounds for sentencing of sentence of imprisonment [the scope of recommendation] general fraud [the grounds for sentencing of imprisonment] and no basic area (6 to 1 year and 6 months) (6 months) of the first category (6 to 100 million won) [the decision of sentence] [the decision of sentence] used most of the money transferred to construction expenses as entertainment expenses or cost of living expenses, and not recovered from damage: