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(영문) 대전지방법원 2015.06.24 2015고단897

사기

Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

On May 14, 2012, the Defendant was issued a summary order of a fine of three million won by the Daejeon District Court, and on July 25, 2012, the Daejeon District Court has been sentenced to imprisonment for eight months for fraud and two years for suspended execution.

피고인은 2013. 1. 9. 대전 유성구 지족동에 있는 농협 앞에서 피해자 C에게 “내가 대전 유성구 노은동 한화 꿈에그린아파트 1,800세대의 공사를 했고, 이번에 충남 금산군에서 한화가 시공하는 726세대 주상복합아파트 공사 하청 오더를 땄는데 한화에서 착수금을 받으려면 본사 직원들에게 쓸 돈이 필요하다. 나에게 돈을 주면 도배 공사를 할 수 있도록 해 주겠다”라고 거짓말을 하였다.

However, in fact, the defendant did not have the intention or ability to proceed with the construction of the main multi-family apartment or to entrust the construction to the victim.

The Defendant received a total of 3,7210,000 won from the victim, i.e., one million won from the seat, from the victim, and obtained a total of 29 times, as described in [Attachment Table Nos. 9 to 37] in the same manner from April 1, 2014.

Summary of Evidence

1. Partial statement of the defendant;

1. Part of the witness C’s legal statement;

1. Statement of the police statement regarding C;

1. A certificate of borrowing;

1. Notarial deeds;

1. Application of Acts and subordinate statutes to criminal records, investigation reports (written judgments and summary orders);

1. The punishment as ordered shall be determined by comprehensively taking into account all the circumstances of sentencing indicated in the records, such as the following: (a) reflectivity of the reason for sentencing under Article 347(1) of the Criminal Act (contributing to the punishment of imprisonment, choice of imprisonment); (b) repetition of the same number of crimes during the same period of probation; (c) unrepared damage recovery (unrepared circumstances); (d) such circumstances and the scope of recommended sentencing guidelines [the basic type of general fraud: June - January 6]; and (e) the Defendant’s age, character and conduct, environment, conditions after the crime.

Parts of innocence

1. This part of the facts charged.