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(영문) 창원지방법원 2016.08.25 2015고단3512

사기

Text

A defendant shall be punished by imprisonment for not more than ten months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Criminal facts

The Defendant is a person who operates a construction company called “D” at the window C of Changwon-si.

Defendant 1: (a) was awarded a contract for the construction of a new living facility in the neighborhood located in Gyeong-gun, Gyeong-si, Gyeong-si, Y-si, Y-si, Y-si, Y-si, Y-si, Y-si, Y-si, Y-si, Y-si, Y-si, and K-si, Y-si, Y-si, Y-si, Y-si.

Around July 2014, the Defendant made a false statement to the victim L, stating that “Around July 2014, the Defendant was awarded a contract for construction of neighborhood living facilities located in military E, and would pay KRW 31 million on the face of the construction cost by making the outside mold of the building to be installed in the said facilities into tree.”

However, in fact, the Defendant had been engaged in construction before it, but failed to receive other construction cost, and operated an interior business in such a way as to prevent the so-called return of materials cost and personnel expenses by receiving other construction cost, and the financial situation has deteriorated, and the construction cost that was received due to new construction has only been thought to be used as transfer construction cost and living cost, and there was no intention or ability to pay the price to the said victim.

As above, the Defendant deceiving the said victim and caused the said victim to perform construction works equivalent to KRW 31 million from September 15, 2014, and caused 11 victims to perform construction works equivalent to the total amount of KRW 126,241,00 from around that time to December 20, 2014, as shown in the list of crimes in the attached Table, thereby obtaining property benefits equivalent to the said amount.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against M;

1. Written complaint (including attached documents);

1. A standard test agreement;

1. Data on credit information replies;

1. Application of Acts and subordinate statutes to a report on investigation (a statement of reference witness attached);

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

1. Selection of each sentence of imprisonment;

1. The former part of Article 37 of the Criminal Code of Aggravation of Concurrent Crimes;