beta
(영문) 대전지방법원 홍성지원 2012.10.05 2011고단1171

사기

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On July 19, 2010, the Defendant made a false statement to the effect that “If the Defendant continued to complete another construction work, and there is no material cost, the Defendant would receive the payment for the construction work from the victim, the Defendant would receive the payment for the construction work, and the Defendant would give KRW 10 million on the same day from the victim, even if the Defendant received the payment for the construction work even if he did not have any intent or ability to make the payment for the construction work.” The Defendant made a false statement to the effect that “If the Defendant borrowed only KRW 10 million as there is no material cost that would have been completed at the time of another construction work, the Defendant would give KRW 5 million on the same day.”

7. Around 30, 300,000 won was delivered twice as borrowed money. ② Around August 2010, the fact at the above place was interrupted by the progress of construction works at another construction site, and thus, even if the payment for construction was made even if it was received, the victim did not have any intent or ability to pay it to the victim. However, the victim’s false statement stating that “When the gold scrap is lent, it is difficult to perform construction works due to lack of the cost of the materials at another construction site; if the gold scrap is purchased, the materials will be purchased, and the construction cost will be found if the gold scrap would be cut back, it shall be paid 20,000 won from the victim. At that time, the victim received 2640,000 won from the victim for gold scrap and 120,000 won for selling 120,000 won under the above name.

Summary of Evidence

1. Partial entry of the accused in each protocol of suspect interrogation by the prosecution;

1. Partial entry of each part of the police suspect examination protocol against the accused;

1. Statement of each police statement regarding C;

1. Application of the loan certificate, contract, letter, duplicate of passbook, field photo, note, note of loan, president of loan, information on loan, statement of transactions of self-reliance deposits, and statutes of the judgment;

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

1. Of concurrent crimes, the sentence of Article 37, Article 38(1)2 and Article 50 of the Criminal Act is applicable to the victim.