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(영문) 대전지방법원 천안지원 2017.05.11 2017고단454

사기

Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

【Criminal Records of Crimes】 On December 15, 2016, the Defendant was sentenced to one year of imprisonment for a crime in the Daejeon District Court’s jurisdiction, and the judgment became final and conclusive on the 23th of the same month.

【Criminal fact-finding on July 2015, the Defendant: (a) at the D-solar power plant site located in Nam-gu, Nam-gu, Chungcheongnam-gu; (b) around July 2015, the victim E is liable to pay the construction cost at the cost of the installation of the structure on the D-solar power plant site; (c) the remainder of the construction cost to be received from the business owner is not problematic.

The phrase “ makes a false statement.”

However, at the time of fact, the defendant did not pay a loan amount of KRW 9 million.0 million.

Many years of medical insurance premiums and approximately KRW 2 million mobile phone fees were unpaid, and there was an economic difficulty due to the occurrence of damage equivalent to KRW 70 million in the construction of another solar power plant, which was in progress at the place of light and grant, and the balance of construction works to be received from the above Dsolar Power Station was thought to be used as expenses at another construction site, so there was no intent or ability to pay the payment to the victim.

Nevertheless, the Defendant: (a) by deceiving the victim as above and forcing the victim to construct structures around July 30, 2015; (b) and (c) from around that time to around November 6, 2015, the Defendant had the victim carry out construction works in total of KRW 78,823,132, such as the list of crimes in the attached Form from around that time to around that time; and (d) obtained pecuniary benefits equivalent to that amount.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Prosecutorial statements of E;

1. Statement made by the police for E;

1. Complaint;

1. Investigation reports by each prosecutor (Submission of additional data by a complainant, detailed report on the amount of damage, and hearing of additional statements by a complainant);

1. Previous records of judgment: Investigation report (report attached to the judgment) and application of Acts and subordinate statutes attached to the judgment;

1. Relevant Article of the Criminal Act, Article 347(1) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment.