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(영문) 의정부지방법원 2018.06.27 2018고단1477

사기

Text

A defendant shall be punished by imprisonment for a term of one year and two months.

Reasons

Punishment of the crime

[criminal records] On April 8, 2014, the Defendant was sentenced to four months of imprisonment and one year of suspended execution as a crime of invalidation of official duties at the District Court of the Republic of Korea on April 8, 2014, and the judgment became final and conclusive on April 16, 2014.

[2] The Defendant is a person who conducts a mobile housing exhibition and general housing construction business from around 2007 to around 2015, with the trade name of “D” from Dongducheon-si to Dongducheon-si, and the victim BC owns the land of Gangwon-do Hawon-gun.

On July 31, 2013, the Defendant entered the Dong Office of the Government of the 3 Dong Office of the Government of the Government of the Do around July 31, 2013 with “The construction cost of KRW 50 million for the construction of housing on the land of the Hawon-gun, Gangwon-do.”

It is intended to complete housing with high-class materials.

The phrase “ makes a false statement.”

However, in fact, even if the Defendant did not pay 300 million won, which he received from BE on March 2013, and received money from the injured party due to the lack of financial standing, the Defendant did not have the intent or ability to pay the injured party a house or to pay the money received from the injured party.

The defendant deceivings the victim as above and received 30 million won from the victim as the contract deposit for construction work around August 1, 2013 to the BF account (Account Number BG) in the name of the defendant. From that time to September 6, 2013, the defendant deceivings the victim over eight occasions, such as the list of crimes in the annexed list of crimes, and obtained a delivery of 150 million won in total from the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to BC;

1. Previous conviction: Application of Acts and subordinate statutes of inquiry about criminal history;

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

1. After Article 37 of the Criminal Act, a sentence shall be imposed in consideration of the fact that the amount of fraud of the reason for sentencing of Article 39(1) appears to be large and significant damage has not yet been recovered, but to recover damage.