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(영문) 수원지방법원 평택지원 2021.01.13 2020고단234
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 one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On September 1, 2018, the Defendant would have had the victim C’s “Durel” in the victim C’s “Durdo management” in the Sincho-si on September 1, 2018, the Defendant would have to undertake the remodeling of the guest room with the face of KRW 30 million.

“A false statement” was made.

However, the defendant thought that he was able to use the down payment received from the injured party for expenses incurred in other construction or for personal purposes, such as living expenses, and did not have the ability to implement remodeling works for the victim's management.

The Defendant received a total of KRW 30 million from the damaged party to the National Bank Account (Serial) in the name of the Defendant’s wife E (F) through the Defendant’s account from the damaged party to September 7, 2018, on a total of four occasions during the period from August 27, 2018 to September 7, 2018.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. A written contract for interior works and a letter of loan;

1. Data on the details of deposits and transactions of national bank accounts, and data on the details of deposits and transactions of agricultural banks and agricultural banks;

1. Investigation reports (Attachment of detailed data on transactions of entering and leaving the victim), investigation reports (report on the execution of written consent to provide transaction information), investigation reports (report on attachment of written judgment related to the violation of the Labor Standards of Suspect Workers Act), application of statutes and statutes;

1. Relevant Article 347 of the Criminal Act concerning the facts constituting an offense and Article 347 (1) of the Criminal Act concerning the selection of punishment;

1. On the grounds of sentencing under Article 62(1) of the Criminal Act, the sentence shall be determined as ordered by comprehensively taking into account all of the factors of sentencing as shown in the pleadings of the instant case, including the following circumstances and the Defendant’s age, sexual conduct, environment, family relationship, motive for committing a crime, means and consequence of a crime, and the circumstances after committing a crime.

D. Unfavorable circumstances: The construction work price was inevitable in any other place than the contract in question, and the construction capacity was not sufficient, and the crime of deceiving the damage by deceiving the damage with the down payment of KRW 30 million, and the crime of defraudation is not easy, and most of the damage still has not been repaid except for the return of KRW 4 million out of the 30 million acquired by deception.

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