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(영문) 인천지방법원 2020.05.22 2020고단1230

사기

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On June 8, 2019, the Defendant told the victim C building D, and the victim B that “on the face of the construction cost, from July 27, 2019 to February 2019, the Defendant would complete the interior construction of the said apartment.”

However, in fact, the Defendant used the construction cost in the tentatively named “defluence” method while continuing several projects at the time. Therefore, even if the Defendant received the construction cost from the victim, it was thought that the Defendant would only spend the existing debt, living cost, or construction cost in another construction site, and there was no intention or ability to complete the said construction work.

As above, the Defendant, by deceiving the victim, received 3 million won from the victim for the same day as the down payment, 7 million won as the first intermediate payment on July 27, 2019, and 5 million won as the second intermediate payment and balance on August 13, 2019, by deceiving the victim as above, and acquired it by deceiving the victim.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning B;

1. Application of Acts and subordinate statutes on contracts and details of transfer;

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

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

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

1. The scope of recommendations according to the sentencing guidelines [decision of types] and the scope of fraudulent crimes [type 1] and there is no person who is less than KRW 100 million [the scope of recommendations and recommendations] (the scope of recommendation fields and recommendations], the basic area of the punishment, six months of imprisonment through one year and six months;

2. The crime of this case in which the sentence of sentence is to be pronounced is that the defendant deceivings the victim to acquire the property by deceiving the victim, and that amount is not less than 15 million won, and that amount is not less than that of the crime.

The defendant was unable to reach an agreement with the victim or to receive a letter from the victim.

On the other hand, it seems that the defendant recognized the crime of this case and the defendant is against it.