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(영문) 대구지방법원 2018.04.19 2017고단56

사기

Text

A defendant shall be punished by imprisonment for not less than one year and six months.

Reasons

Punishment of the crime

On November 29, 2016, the Defendant was sentenced to imprisonment for one year with prison labor for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (domination Award) at the Daegu District Court, and the judgment became final and conclusive on December 7, 2016.

On May 2, 2007, the Defendant made a false statement to the victim C at the construction site of the building of the building of the building of the building of the Daegu Suwon-gu, Daegu-gu, Seoul-gu, stating that “I would make it possible for the Defendant to enter into a contract for the construction of other artificial apartment and the construction site of the apartment of the building of the building of the building of the building of the building of the building of the building of the building of the building of the building of the building of the building of the building of the building of the building of the building of the building of the building of the building of the building of the building of the building of the building of the building of the building of the building of the building of the building of the building of the building,

However, even if the defendant receives money from the injured party, the defendant did not have the intent or ability to establish a new construction contract for each apartment complex with the injured party.

The Defendant, as such, by deceiving the victim, received KRW 40 million from the victim to the G account (H) in the name of F on the same day from the victim, as the contract deposit for the interior works of D apartment units, from the time to July 25, 2008, and received or delivered KRW 167 million in total under the name of the contract deposit for the construction of D apartment complexes and the expenses, E apartment interior contract deposit, expenses, and office rent, from July 23, 2008.

Summary of Evidence

1. Partial statement concerning the suspect interrogation protocol of each police officer against the accused;

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

1. Data of financial transactions;

1. Previous convictions: A reply to inquiry, such as criminal history, reports on the results of confirmation of the previous convictions of each disposition, and the application of the text of the judgment;

1. Relevant Article 347 of the Criminal Act concerning the facts constituting an offense and Article 347 (1) of the Criminal Act concerning the selection of punishment;

1. After Article 37 of the Criminal Act, Article 39 (1) of the same Act: