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(영문) 광주지방법원 순천지원 2016.04.27 2015고단1829

사기

Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On June 6, 2014, the Defendant concluded that “The Defendant would receive a loan from a bank as security after the completion of the construction work, to supply construction materials to remodel the C building,” at the office of the Defendant’s office operated by the Defendant in Mayang-si B, the Defendant made a false statement to the victim D.

However, in fact, from August 2013, the Defendant had no intention or ability to pay the cost, even if he received the construction materials from the injured party, because the Defendant had failed to pay electricity, water supply, loan interest, etc., and it was difficult to operate the building on February 2014 due to the failure to pay electricity, water supply, loan interest, etc., and there was no intention or ability to pay the cost, even if he received the construction materials from the injured party.

The Defendant received construction materials equivalent to KRW 32,190,00 from June 4, 2014 to July 7, 2014 from the injured party.

Summary of Evidence

The reason for sentencing under Article 62-2 of the Act on the Suspension of Execution of Article 62(1) of the Social Service Order Criminal Act (amended by Act No. 62-2 of the Act on the Suspension of Execution of Punishment of Article 62(1) of the same Act on the criminal facts applicable to the police statement protocol of the defendant's statement statement D in the court statement [the scope of punishment] of mitigation area (one month to one year) [the person with special mitigation] of mitigation area (one month to one year] of mitigation area (the person with special mitigation] of punishment or damage to a considerable part [the decision of sentence] of the defendant did not specify the amount of damage, and even if the defendant had entered the place of damage to the victim prior to this, the crime of this case was committed

However, the defendant's mistake and reflects, and considering the favorable sentencing factors in which the victim prepared a written agreement by preparing a certificate of debt repayment process to the victim, the punishment shall be determined in consideration of the defendant's age, sex, circumstances of the crime and circumstances after the crime, etc.