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(영문) 대구지방법원 2020.01.14 2019고단4873
사기
Text

A defendant shall be punished by imprisonment for six months.

except that 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 November 2017, 2017, the Defendant stated that “The Defendant would pay the victim D, victim E, and victim F, who is a middle enterprise, at the site of a new factory construction work in the Haak-gun, Hamman, Hannam-gun, that “I would receive a new factory construction work if it would have been ordered to do so,” and that “I would receive a new factory construction work from the victim G, who is a seller of the construction materials, and the victim H, if the construction materials are supplied, pay the price.”

However, the defendant did not pay taxes exceeding 100 million won, and there was no intention or ability to pay the price properly even if the victims did not destroy the building or supply the building materials, because the defendant did not pay taxes exceeding 100 million won, the construction cost is being paid at the same time by the owner of C factory, and there was no smooth supply of funds.

As such, the Defendant deceiving the victims, from that point of time to December 2, 2017, caused the victims to do so at the construction site of the factory, and caused the victims I to do so at the site of the construction site equivalent to KRW 6,160,000, and caused the victims E to do so, and caused the victims E to do so at the site equivalent to KRW 605,00,000, and caused the victims F to do so, and was provided with building materials equivalent to KRW 3,823,60,000, and was supplied from the victims H to receive construction materials equivalent to KRW 4,450,00.

Accordingly, the defendant, by deceiving victims, acquired economic benefits and property.

Summary of Evidence

1. Defendant's legal statement;

1. Statement by the prosecution against J and K;

1. Statement of the police with respect to L/D;

1. Application of the credit information inquiry-related Acts and subordinate statutes;

1. Relevant Article 347 (1) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. The sentencing criteria shall be based on;

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