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(영문) 창원지방법원 진주지원 2018.03.27 2018고단97
사기
Text

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

Reasons

Punishment of the crime

[criminal record] On July 8, 2015, the Defendant was sentenced to eight months of imprisonment for fraud in the Daegu District Court Kimcheon support, and completed the execution of the sentence at a permanent prison on April 20, 2016.

[Criminal facts] The Defendant: (a) around January 2017, in E operated by the victim D, located in the Sinnam-gun, Chungcheongnam-gun, Busan-do; (b) “The supply of building materials” to the victim; (c) the price of the materials is paid for the construction cost at the construction site in progress.

“The purport was to the effect that “.....”

However, in fact, the defendant did not have any special property or other revenue sources, and thought to use the price for the construction site, which was in progress, as living expenses, entertainment expenses, etc., so there was no intention or ability to pay the price for the materials even if he received the construction materials from the injured party.

As above, the Defendant: (a) by deceiving the victim as above; and (b) received construction materials, such as Gohaps equivalent to KRW 1,315,00,00 at the market price on January 3, 2017; and (c) received construction materials, such as Gohaps, from around that time to April 10, 2017, the Defendant received construction materials equivalent to the total market price of KRW 20,302,70 at a total of 41 times as shown in the list of crimes in the attached Table.

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 with respect to D, F and G;

1. Each investigation report (attaching a certificate of damage or a certificate of additional damage);

1. Investigation report (to have a witness H telephone conversations);

1. Investigation report (Re-verification of the payment of F construction cost);

1. Investigation report (a photographic photograph of an accommodation at the I main point constructed by the person under investigation);

1. Written complaint and demand for payment;

1. Previous convictions in judgment: A reply to inquiry, such as criminal history, investigation report (Attachment to search report of a suspect A prisoner), application of Acts and subordinate statutes on judgment;

1. Article 347 (1) of the Criminal Act applicable to the facts constituting an offense;

1. Reasons for sentencing Article 35 of the Criminal Act for aggravated repeated crimes - Circumstances unfavorable to him/her: The same repeated crime and no effort to recover damage is made - Circumstances favorable to him/her: A confession of crime and reflect

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