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(영문) 대구지방법원 상주지원 2018.08.14 2018고단42
사기
Text

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

However, 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 10, 2016, the Defendant would pay the cost of construction to the victim D, who is the Changho Construction Business Operator, at the construction site of the housing remodeling site located in C at the time of resident settlement.

The phrase “ makes a false statement.”

However, the defendant did not have the intent or ability to pay the construction cost as agreed even if the damaged person completes the construction work by using the construction cost received from the building owner as material cost, loan repayment, vehicle purchase cost, etc.

The Defendant had the victim complete the construction work of the Changho Lake and did not pay the construction cost of KRW 6,805,00,000 to the victim, and did not pay the victims a total of KRW 31,215,00 from December 11, 2016, and did not pay the victims a sum of the construction cost of KRW 31,215,00 from that time to December 11, 2016.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Statement made by the police against D;

1. Written statements of estimates and requests for payment submitted by the complainant, and a detailed statement of deposit transaction;

1. Application of Acts and subordinate statutes to each investigation report (No. 3,5,18,19,23,24)

1. Relevant provisions of the Criminal Act and Article 347(1) of the Criminal Act concerning the selection of punishment for the crime (as a whole, the number Nos. 1 and 2 of the list of offenses listed in the annexed crimes)

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

1. Article 62 (1) of the Criminal Act on the stay of execution (The following circumstances considered in favor of the reasons for sentencing);

1. Reasons for sentencing under Article 62-2 of the Criminal Act, including observation of protection and community service order;

1. The scope of the recommended punishment according to the sentencing guidelines [the scope of the recommended punishment] that there is no type 1 [the person subject to special sentencing] from the general fraud [the scope of the recommended punishment] [the scope of the recommended punishment]: Imprisonment for not less than six months but not more than one year and six months;

2. The defendant who has rendered a sentence shall not pay to two business operators a approximately twenty-four million won for each work price, and a approximately six million and six million won for each of them.

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