(영문) 의정부지방법원 고양지원 2015.03.27 2014고단243

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Reasons

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글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 의정부지방법원 고양지원 2015.03.27 2014고단243

사기

Text

A defendant shall be punished by imprisonment for not more than ten months.

Reasons

Punishment of the crime

On March 24, 2012, the Defendant was a person engaged in the building business. On March 24, 2012, the Defendant entered into a construction contract on the condition that a request for the construction of a detached house is made to the land located in C and the total construction cost is KRW 100,000,000 from March 26, 2012, and entered into the construction contract to receive the construction cost of KRW 90,000,000 from March 26, 2012, the Defendant demanded the victim to return money with the notification that he/she would take legal procedures on the ground of the nonperformance of the contract.

On May 2012, the Defendant was allowed to continue the construction work from the victim upon the victim’s request to the effect that “the victim may complete the construction work commenced” at a place where it is not possible for the Defendant to know the place of the lower police officer.

Although the Defendant had no intent or ability to complete the victim’s detached house even if he/she received the construction cost from the victim, and intended to use it for personal purposes, such as interest on loans, etc., at a place where it is unknown on or around June 22, 2012, the Defendant would promptly implement the construction and complete the construction of the house to the victim, which was paid by the victim, despite that he/she had the intention to use it for personal purposes. However, the Defendant received from the victim a total of KRW 59 million from the victim as the construction cost to complete the construction by paying the amount of KRW 59 million.

Summary of Evidence

1. Some of the statements made by the prosecution against the accused in the examination protocol of suspect;

1. Statement of the prosecutorial assistant to B;

1. A copy of a certificate of deposit without passbook, construction contract, each letter, passbook, and deposit certificate, and a suspect agricultural bank passbook; and

1. Application of Acts and subordinate statutes on house photographs;

1. The relevant Article of the Criminal Act, Article 347(1) of the Criminal Act, and Article 347(1) of the Criminal Act’s choice of punishment for a crime have not been recovered from damage caused by the reasons for sentencing of imprisonment. The amount of damage, circumstances leading to the crime

참조조문

-형법 제347조 제1항

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