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(영문) 창원지방법원 통영지원 2016.10.05 2016고단1072
사기
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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 one year from the date this judgment becomes final and conclusive.

Reasons

Criminal facts

On March 23, 2012, the Defendant requested the removal of the said real estate from C, the owner of the said real estate at a macro-si. On March 23, 2012, the Defendant would pay the amount equivalent to the disposal price if he/she disposed of construction waste from March 27, 2012 to March 29, 2012.

‘False speech' was made.

However, even if the defendant receives waste disposal fees from the client, he/she was thought to use them as the cost of equipment and personnel expenses of other construction works that he/she performs, and he/she did not have any intent or ability to pay the waste disposal fees to the victim

Nevertheless, the Defendant: (a) by deceiving the victim as above; (b) sold construction waste 2.14,810km from the removal of construction waste from March 27, 2012 to the victim from March 29, 2012; (c) but did not pay KRW 1,00,000 of the disposal price corresponding thereto; and (d) did not pay KRW 16,720,000 of the disposal price to the victim seven times from December 2, 2012; and (c) did not pay KRW 16,720,000 of the disposal price to the victim; and (d) acquired pecuniary benefits equivalent to the same amount.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Application of the Acts and subordinate statutes to the complaint, statement of payment, and contract;

1. Relevant Articles 347 (1) and 347 (1) of the Criminal Act and the choice of imprisonment with prison labor for the crime;

1. Article 62 (1) of the Criminal Act;

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;

1. The scope of recommendation types according to the sentencing guidelines of the Supreme Court [the scope of recommendation types] general fraud types 1 (less than 100 million won) and basic areas (six months to one year and six months) (no special person) shall exist;

2. Determination of sentence - Determination of favorable circumstances: deemed to reflect; and

- An adverse normal situation: a large amount of damage.

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