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(영문) 수원지방법원 평택지원 2018.07.26 2017고단1385

사기

Text

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

Reasons

Punishment of the crime

On August 20, 2011, the Defendant stated that “D’s “D” construction material offices for the victim C’s operation in Ansan-si, the Defendant would immediately pay the price to the victim if the Defendant would supply the uniforms, transparent pc, and knife knife knife knife knife knife knife knife to E.”

However, the defendant had been in excess of his/her obligations at the time, and around April 28, 201, he/she received 70 million won from the construction cost for the construction of the above F farmhouse and used it to repay all the existing obligations until May 3, 2011. The victim did not have the ability to immediately pay the price even if he/she received the construction material from the victim.

Nevertheless, the Defendant was provided with construction materials equivalent to approximately KRW 38,046,00 in total of the market prices, such as the platform, transparency pc, and knife platform from the injured party by making a false statement as above.

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

Summary of Evidence

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. A protocol concerning the interrogation of each police suspect against the accused;

1. Statement made by the police against C;

1. Copy of the statement made to G by the police;

1. Application of Acts and subordinate statutes on the transaction of passbooks, copies of invoices, copies of invoices, and copies of invoices, each investigation report, copies of passbooks, and details of passbooks;

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

1. Reasons for sentencing selective sentence of imprisonment with prison labor;

1. Criteria for sentencing: The basic area (from June to January 6) in the category 1 (less than KRW 100 million) shall be nonexistent from June to June 1 (the scope of recommended punishment).

2. Determination of sentencing below the sentence, taking into account the following circumstances, such as the defendant's age, occupation, sex, family relationship, and circumstances before and after the crime, the sentence identical to the order shall be determined.

- The nature of the crime of this case is not less than that of the crime, and the recovery of damage is not properly achieved, provided that there is no record of criminal punishment exceeding the fine.