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(영문) 춘천지방법원 강릉지원 2015.10.28 2015고단1029
사기
Text

A defendant shall be punished by imprisonment for a term of one year and two months.

Reasons

Punishment of the crime

[Criminal Justice] On July 25, 2008, the Defendant was sentenced to five years of imprisonment for a crime of fraud in the Goyang Branch of the Jung-gu District Court on March 25, 2008, and completed the execution of the sentence in the Chuncheon Prison on June 13, 2013.

【Criminal Facts】

On Nov. 1, 2014, the Defendant received a contract from the owner C for remodeling construction of the second-class housing building in 2,528,00 won for the total construction cost, and explained the details of the construction by allowing the owner D, victims E, victims E, victims F, and victims G to enter the above housing, and explained the victim D to the victim D for the construction cost of toilets, Titch, strings, and pents, 9.1.4 million won for the victim E, 4.2 million won for the design work, 3.1.6 million won for the victim F, 6.8 million won for the design and miscellaneous work for the victim G, and 6.8 million won for the price.

However, the Defendant had no intention or ability to pay the construction price normally to the victims because it was economically difficult for the Defendant to bear the obligation of loans worth approximately KRW 50 million in the name of the wife at the time, and there was a plan to pay the construction price from C to cover his personal living expenses, such as payment of the construction price and child support.

As above, the Defendant: (a) induced victims; (b) had them complete subcontracted construction work from November 15, 2014 to November 27, 2014; and (c) did not pay the victims the total amount of KRW 23,300,000,000 to the victims; and (d) acquired property benefits equivalent to the same amount.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Each written statement of F, G, D, and E;

1. A certificate, details of remittance of accounts, investigation report ( telephone conversations with non-party C);

1. Previous convictions indicated in judgment: Application of Acts and subordinate statutes to criminal records and investigation reports (report on attachment of the current status of personal identification and confinement, and report on confirmation of whether the suspect is a repeated offender);

1. Criminal facts;

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