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(영문) 인천지방법원 2018.05.03 2017고단9612

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

The Defendant is the representative of the landscaping company called “B”.

On September 20, 201, the Defendant, at the construction site of the “C” located in the Kimpo-si on September 20, 201, sent the price of supplied goods to the business directors E of the victim (ju) who contracted for the construction work for the surrounding landscaping of Kimpo-si.

The phrase “ makes a false statement.”

However, the Defendant was under bad credit standing at the time, and since August 201, the labor cost was overdue and prevented the return of the labor cost at the “C” construction site, and even if the construction cost was paid by F, the Defendant did not intend to pay the price for the supply of the necessary materials from the injured party, such as the failure to pay it to the injured party.

Nevertheless, the Defendant, as seen above, received materials equivalent to KRW 14,850,000 from the injured party by deceiving the injured party and deceiving the victim, from around September 30, 201, and thereafter received materials worth KRW 135,620,727, supra, from that time until December 6, 2011.

Accordingly, the defendant was given property by deceiving the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes on prosecutor's statement protocol to E;

1. Relevant Article 347 of the Criminal Act and Article 347 of the Criminal Act and the choice of punishment for the crime;

1. 【The grounds for sentencing under Article 62(1) of the Criminal Act of the suspended sentence 【The scope of the recommended punishment 【The scope of the recommended punishment · General Fraud (Type 2): In a case where the degree of deception is relatively weak, the victim’s penalty is not to be imposed (the submission on March 28, 2018), 【The Decision of the Sentence 【The Decision of the Sentence 】 The proportion of the victim’s penalty - the victim’s portion of the victim’s punishment - the recovery of the total amount of damage and the extinguishment of the response report, and the good sexual behavior, the treatment in society is appropriate.

The punishment for six months shall be determined within the scope of the recommended punishment, but the execution thereof shall be suspended for a period of one year.