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(영문) 대구지방법원 2017.07.14 2017고단2183

사기

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

Around June 2016, the Defendant, while working in B, received a request from the victim C to perform the Washington construction of No. 106 of the building D No. 106 of Daegu-gu Building No. 106 from the victim C, and came to know of the victim while allowing B to proceed with the construction in B. Accordingly, on August 2016, the Defendant made a false statement to the effect that “The victim would be able to proceed with the construction by requesting the construction to B as seen earlier” when receiving a request from the victim of the building D No. 106.

However, in fact, the Defendant was not an employee at the construction site B, and was in the position of managing the construction work in B. At the time, the Defendant was in the state of being in the state of being in the state of being in the equal amount of KRW 1 million each month, and the Defendant was instructed to demand the payment of the personal liability amounting to KRW 25 million each month, and thus, even if the amount of the construction cost is paid from the injured party, it was considered to be used for the repayment of the personal liability, and there was no intention or ability to perform the construction work at the request of

As above, the Defendant deceiving the victim and received KRW 2,650,00 as construction expenses from the injured party on September 3, 2016, and then by deceiving the victim as stated in the attached crime list from around that time to November 1, 2016, and acquired KRW 26,986,00 in total ten times from that time.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the police suspect interrogation protocol against the accused;

1. Statement made to C by the police in the protocol; and

1. Application of each Act or subordinate statute of a letter, receipt, note, investigation report ( telephone conversations by a complainant's agent) and investigation report (to hear suspect's telephone statements);

1. The relevant Article of the Criminal Act and Article 347(1) of the Criminal Act regarding criminal facts and the grounds for sentencing [the scope of applicable sentences under the law] for sentencing [the scope of applicable sentences under the law] from 1 month to 10 years [the type of determination] of type 1 (a decision below KRW 100 million] basic area [the scope of recommended sentences] of basic area [the scope of recommended sentences] from 6 months to 1 year.