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(영문) 서울남부지방법원 2018.02.21 2016고단5123

사기

Text

A defendant shall be punished by imprisonment with prison labor for four months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On June 10, 2014, the Defendant paid KRW 22 million to the victims C of Yangcheon-gu Seoul Metropolitan Government B 102 Dong 401, “within 15 days after the completion of the construction of the Dogra 19 Household D loan in Yangcheon-gu Seoul Metropolitan Government.”

The phrase “ makes a false statement.”

However, the fact is that the defendant did not have the intention or ability to pay the construction cost even if the construction cost to be paid by the defendant in connection with D Borrowing reconstruction exceeds one billion won.

The Defendant, by deceiving the victim as such, had the victim take part in the construction work from June 11, 201 to April 14 of the same month, and had the victim take part in the construction work for the 19 household members of the 19th household of the 19th household of the 19th household, and did not pay the construction cost of 22 million won to the police officer in September 2014, and acquired financial benefits equivalent to the same amount.

Summary of Evidence

1. Statement by the defendant in court;

1. Complaint, - Construction Subcontract Contract, - Construction Price Guarantee, each - Fact Certificate

1. Application of the police statement protocol law to C

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. The suspended sentence under Article 62(1) of the Criminal Act is to be imposed in consideration of the confession of reasons for sentencing, the circumstances leading up to the crime, the amount of damage, the effort to repay the damage, the record of the crime and other conditions of sentencing.