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(영문) 대구지방법원 경주지원 2016.03.30 2015고단119

사기

Text

A defendant shall be punished by imprisonment for six 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 May 1, 2014, the Defendant, at the victim K’s new marriage house located in the JJ building B 503, the Defendant, on June 14, 2014, would complete the human test construction up to May 18, 2014, to the victim who is scheduled to marry “8 million won by the day of May 18, 2014.”

“.....”

However, in fact, even if the Defendant received construction payment from the injured party without any other income at the time, he did not have the intent or ability to complete the interior work as agreed because he used a considerable portion of the construction cost and living cost of another construction.

Nevertheless, on May 2, 2014, the Defendant, as seen above, received a total of KRW 4 million from the victim to the Saemaul Treasury account in the name of the Defendant to receive KRW 4 million as the down payment and KRW 2 million as the intermediate payment around May 8, 2014.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the suspect against the defendant (including a substitute part of examination);

1. Statement by the police concerning L;

1. A copy of each bankbook;

1. Application of investigation report (verification of details of transactions of USB files and bankbooks) (applicable to statutes;

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. Reasons for sentencing under Article 62(1) of the Criminal Act (the conditions favorable to the following reasons for sentencing)

1. The scope of applicable sentences: Imprisonment for one month to ten years;

2. Application of the sentencing criteria [type determination] Fraud, general fraud, and type 1 (less than KRW 100 million) (the scope of the sentence of recommendation] imprisonment with prison labor for six months to one year and six months (the basic area);

3. Determination of sentence: The sentence of imprisonment with prison labor for six months, the fact that a person who has been injured by one year suspended execution of one year wants to punish a defendant, etc. is divided into his mistake and reflects his depth, and the fact that the defendant partly repaid the amount of damage (2 million won) shall be considered under favorable circumstances, and the records of this case, such as the defendant's age, sex, motive, means and consequence of the crime, and the circumstances after the crime, etc., shall be recorded.