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(영문) 대전지방법원 2020.12.23 2020고단829

사기

Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

On March 23, 2017, the Defendant was sentenced to imprisonment with prison labor for six months at the Daejeon District Court for fraud, and the same year.

9. 21. The execution of the sentence was completed in Daejeon Correctional Institution.

Criminal facts

around August 2018, the Defendant gave advice to the victim C with respect to the construction of solar power facilities planned in Da and E, Chungcheong Ma from the victim C, “B,” which came to know in 2018. However, the Defendant: (a) stated that “The Defendant would process the construction of solar power facilities at a lower level than the other company if the construction of solar power facilities is entrusted to the her; and (b) would also reduce the construction of solar power facilities by proxy; and (c) KRW 30 million as business operating expenses.” However, even if the Defendant received money from the victim in the name of business operating expenses, the Defendant was planned to use it as the Defendant’s business expenses without the intent or ability to use it for the authorization and permission of solar power facilities or

Nevertheless, on August 9, 2018, the Defendant received KRW 30 million from the victim to the Defendant’s corporate bank account (F).

Summary of Evidence

1. A protocol concerning the police interrogation of the accused;

1. Statement of the police statement regarding C;

1. A complaint;

1. Before each investigation report is made: Application of criminal history records, etc. and Acts and subordinate statutes for reporting criminal investigations (verification of the period of repeated crimes of a suspect);

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

1. The punishment as ordered shall be determined by taking into account the following circumstances: (a) the offender is among repeated offenses for the reason of sentencing under Article 35 of the Criminal Act; (b) the offender is not much injured; and (c) the offender’s age, character and conduct, environment, family relationship; (d) motive and consequence of the offense; and (e) the circumstances constituting the conditions for sentencing as shown in the present pleadings.