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(영문) 수원지방법원 성남지원 2016.06.30 2016고단119

사기

Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

The defendant is the representative director of the lighting craft manufacturing company C.

On April 1, 2014, the Defendant made a false statement to the effect that “F, at the office of the victim E company located in Mapo-gu Seoul, Mapo-gu and the second floor, the Defendant would pay the construction cost immediately as the construction work is completed upon the completion of the construction work, to F, the representative director of the said victim company’s office.”

However, the defendant did not have the intent or ability to pay the construction cost even if the injured party under excessive debt completes the construction work as above.

Nevertheless, the defendant did not pay 29,513,00 won to the victim despite having the victim complete the above construction work on May 2014 by making the victim make a false statement as above, and he did not pay 29,513,00 won to the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the police statement related to G;

1. A H statement;

1. Application of statutes concerning the contract for the provision of landscape lighting;

1. In full view of the factors indicated in the trial process of the instant case, including the Defendant’s age, sex, family relationship, home environment, motive and means of the crime, and circumstances after the crime, for the reason of sentencing under Article 347(1) of the Criminal Act applicable to the pertinent criminal facts and Article 347(1) of the Criminal Act (elective of imprisonment), the sentence shall be determined as per Disposition.

The ordinary circumstances that are favorable to the extent that the amount of damage is approximately KRW 30 million: there is no previous conviction exceeding the fine.