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(영문) 부산지방법원 2017.10.19 2016고단6750
사기
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant was aware of the victim C who supplied a person entered in a school and performed remodeling works through introduction of a branch in around 2013.

On August 9, 2015, the Defendant made a false statement to the victim’s house located in the Busan Dongdong-gu, stating that “The construction cost is KRW 700 million to KRW 800 million since the inside of the Defendant was examined in the design office when requesting the remodeling work of the telecom located in the Busan Geum-gu.” The Defendant made a false statement to the victim’s house located in the Busan Dong-gu, Busan, that “The payment of KRW 2.25 million, half of the total construction cost, by dividing the total of KRW 4.5 million into a half of the total construction cost.”

However, the defendant thought that he will use the money for personal purposes without paying it to the design office even if he received the money from the injured party as the design cost, and there was no intention or ability to pay it even if he did not receive the above money from the injured party due to the lack of the intention or ability to execute the remodeling work due to the lack of contract with the above Moel remodeling work.

On August 9, 2015, the Defendant was transferred KRW 2.250,00 to the Defendant’s account on August 9, 2015.

In addition, from August 9, 2015 to November 3, 2015, the Defendant obtained the delivery of KRW 24,645,200 in total on 29 occasions without any intention or ability to carry out the said remodeling work together with the victim, such as the list of crimes, from around August 9, 2015 to November 3, 2015.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the accused by the prosecution (including the cross-examination part);

1. Statement protocol of the police;

1. Application of the Acts and subordinate statutes to the complaint;

1. Selection of imprisonment, in the aggregate, with prison labor for the crime under Article 347(1) and (2) of the Criminal Act;

1. Reasons for sentencing under Article 62(1) of the Criminal Act of the suspended sentence [the scope of the recommended sentence] In the case where the mitigation area (one month to one year) is reduced (one year from January to one year), or where the punishment is not reduced or considerable damage is recovered (the decision of sentence].

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