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(영문) 인천지방법원 2014.04.29 2013고단7801

사기

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On September 1, 2012, the Defendant displayed the written contract for interior interior interior interior interior interior interior interior interior interior interior interior tegralet from August 29, 2012 to August 27, 2012, stating that “If construction materials and personnel expenses are insufficient and only ten million won are lent, the Defendant would receive the construction payment from the office of Bupyeong-gu Incheon, Bupyeong-gu, Incheon to the effect that “The Defendant will fully repay the construction payment from October 27, 2012.”

However, in fact, the Defendant anticipated that 5 million won or 6 million won will remain remaining through the above construction work, and the other construction work is not underway, and the Defendant completed the above construction work on September 8, 2012 and received the full amount of the construction cost, but did not repay it to the victim, and there was no economic situation to the extent that it could not be paid to the people at the time. Therefore, even if the Defendant borrowed the above money from the victim, there was no intention or ability to repay it.

Accordingly, the Defendant, by deceiving the victim as such, received 10,000,000 won from the victim to the Agricultural Cooperative Account in the name of the Defendant around September 10, 2012, and acquired it by deceiving the victim.

Summary of Evidence

1. Defendant's legal statement;

1. The second and third police interrogation protocol against the accused (including the substitute part);

1. Statement to C by the police;

1. The application of Acts and subordinate statutes to accusation, loan certificates, and standard contract for private construction works;

1. Relevant Article 347 (1) of the Criminal Act concerning the facts constituting an offense, Article 347 (1) of the Criminal Act selection of punishment, and grounds

1. The scope of sentence recommended by the sentencing guidelines [the scope of recommending sentence] fraud, Type 1, basic area, imprisonment for six months to one year and six months;

2. The Defendant, who was sentenced to sentence, committed the instant crime by taking advantage of the personal trust relationship with the victim, and whose damage has not been repaid at all, etc. under unfavorable circumstances, indicates the Defendant’s intent of reflect while attempting to commit the instant crime, and the Defendant is suspended from execution.