사기
A defendant shall be punished by imprisonment for not less than eight months.
However, the execution of the above punishment shall be suspended for two years from the date this judgment became final and conclusive.
Punishment of the crime
The Defendant is a person who has operated the “B” of a building company, and the victim C is a building company that performs the D Aggregate Construction Work.
On March 2014, the Defendant stated that “F” restaurant located in Daegu-gu E, Daegu-gu, “F will pay 3.80,000 won to the victim for the construction cost for the construction of a new house for the power source of Hayang-gun G and Hayang-gun.”
However, in fact, the Defendant did not have any intent or ability to pay the construction cost to the victim due to excessive debt, such as in arrears with tax of approximately KRW 70 million and not paying the wages of “B” employees.
Nevertheless, the Defendant made a false statement to the victim and had the victim pay the remainder of the construction cost by paying 5 million won to the victim from April 5, 2014 to June 15, 2014, and acquired property benefits equivalent to the same amount by failing to pay 30,280,000 won.
Summary of Evidence
1. Defendant's legal statement;
1. Statement to C by the police;
1. A specification of transactions and a statement of performance of payment for construction works;
1. Application of Acts and subordinate statutes on credit information;
1. Relevant Article 347 (1) of the Criminal Act, the choice of criminal punishment, and the choice of imprisonment;
1. Reasons for sentencing under Article 62(1) of the Criminal Act (hereinafter the following grounds for sentencing) of the suspended sentence [the scope of recommending sentence] General Fraud (less than KRW 100,000) and no basic area (6 to one year and six months) [the decision of sentencing] [the decision of sentencing] unfavorable circumstances: the amount of damage in this case is 30,0280,000 won, and the damage was not restored.
A favorable normal situation: The defendant is going against the obligation to pay the damage.
The degree of deception of this case is relatively weak.
It exceeds the same criminal record or fine.